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ANIL VERMA
Jitendra – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anil Verma, J. - Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 15.11.2022 in connection with Crime No.396/2022 registered at P.S. - Pipalrawa, District Dewas (M.P.) for commission of offence punishable under Section 306, 34 of IPC.
2. As per the prosecution story, present applicant and his family members gave Rs.50,000/- to the deceased and deceased has returned the same amount with interest, but the applicant and other co-accused persons were demanding more- money with interest and they were regularly threatening the deceased for returning their amount with interest. Therefore, being harassed by the applicant and other co-accused persons, deceased committed suicide on 20.10.2022 by consuming some poisonous substance. Accordingly offence has been registered against the present applicant and other co-accused persons.
3. Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 15.11.2022. He never harassed or abetted the deceased to commit suicide, therefore, no offence under Section 306 of IPC is made out again
The court considered the nature and gravity of the allegation, the period of custody, the progress of the investigation, and the applicant's personal circumstances in deciding to grant bail.
The main legal point established in the judgment is the consideration of lack of evidence, change in circumstances with key witnesses turning hostile, and the accused's deteriorating health condition....
Granting bail based on the lack of legal evidence connecting the applicant to the offence, the lengthy trial process, and the nature of the offence.
The absence of abetment alleged against the applicant and the prolonged trial period were key factors influencing the court's decision to grant temporary bail.
The main legal point established in the judgment is that bail may be granted during trial when there is a lack of material indicating the commission of the alleged offence and when specific allegatio....
The court may grant bail based on the lack of criminal antecedent, the period of custody, and the ground of parity with co-accused, considering the possibility of delay in the conclusion of the trial....
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal point established in the judgment is that the decision to grant bail was based on the lack of evidence connecting the accused to the alleged offence, non-identification by the victim d....
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