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DEEPAK KUMAR AGARWAL
Shivam Sharma @ Nanu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is first application u/S.439 Cr.P.C filed by the applicant for grant of bail.
2. The applicant was arrested on 12th October, 2022 in connection with Crime No.115/222 by Police Station- Anandpur, District- Vidisha(MP) for the offence punishable under Sections 394, 341, 427, 34 of IPC and later Section 120-B of IPC has been added while filing charge-sheet.
3. The allegation against present applicant/accused is that on 11.10.2022, complainant Bachan Singh lodged a written complaint with Anandpur Police Station that on 10.10.2022 in the evening 6.30 P.M., he along with his nephew Rakchpal from Bhopal in paan Masala container Isher 3014 M.P.07 GA 9296 to Guna started at 11.30 P.M. One Bulero vehicle came in front of the container, due to which the driver of the container stopped. Some unidentified persons got down from the Bulero attacked the glass of container. Another person climbed inside the cabin and spread over the chilly powder. He along with his nephew by leaving the container went through the field. Afterwards, along with articles, took away the container. Offence at Crime No.115/2022 under Sections 394, 341, 427, 34 of IPC was registered.
The length of custody, filing of charge-sheet, and the likelihood of a prolonged trial are relevant factors in considering a bail application.
The court may grant bail considering the circumstances and length of custody without commenting on the merits of the case.
The court may grant bail based on the applicant's undertaking to cooperate in the investigation/trial, even for serious offences.
The completion of investigation and filing of charge-sheet can be considered as grounds for allowing a bail application.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision to grant bail was based on the assessment of the facts and circumstances of the case, without commenting on the merits of the case.
The completion of investigation, filing of charge-sheet, and the requirement for the applicant to be present during trial are crucial factors in considering a bail application.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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