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SATYENDRA KUMAR SINGH
Bardiram – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 17.10.2022 in connection with Crime No.386/2022 registered at Police Station Unhel, District Ujjain (M.P.) for commission of offence punishable under Sections 302, 323 and 34 of the IPC.
2. Prosecution story, in brief is that on 16.10.2022 at about 19:30 hours complainant Ramesh was consuming liquor with Suresh at his own tea shop. In the meantime co-accused Sohan came there and started abusing complainant Ramesh and when complainant objected he twist complainant and he fell down. After hearing his screaming complainant's wife Seema and son Jitendra came there and when they took the complainant towards their house applicant reached to the spot and caught hold the complainant from back side and thereafter, his son and co-accused persons Sohan and Dharmendra press the neck of the complainant's wife Seema due to which she fell down and died.
3. Learned counsel for the applicant submits as per the prosecution case itself the applicant caught hold the complainant and assaulted him only. Admittedly, incident took place all of a sudde
The court considered the specific circumstances of the case, including the sudden nature of the incident and the extent of the applicant's involvement, in granting bail.
The court may grant bail to an applicant based on the nature of the accusation and the lack of criminal antecedents, without commenting on the merits of the case.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
The court's decision to grant bail was influenced by the absence of criminal antecedents against the applicant, the lack of recovery and allegations against the applicant for causing injury to the in....
The court considered the circumstances and the relationship between the applicant and the deceased in granting bail, without commenting on the merits of the case.
Grant of bail based on lack of evidence, nature of offence, and parity with co-accused
The court has the discretion to grant bail based on the circumstances of the case and completion of investigation and charge sheet filing.
The lack of identification of the accused by the complainant and injured party, along with other facts and circumstances of the case, can be considered in granting bail.
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