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DEEPAK KUMAR AGARWAL
Shivraj – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - Heard on IA No. 19495/2022 filed under Section 301(2) of Cr.P.C. for assisting the Public Prosecutor in the present case. For the reasons mentioned in the application, the same is allowed.
2. Shri Bhupendra Singh Dhakad and Shri Vinod Kumar Dhakad and their associates are permitted to assist the State counsel.
3. This is the First bail application u/S.438 Cr.P.C filed by the applicant for grant of anticipatory bail.
4. The applicant apprehends his arrest in connection with Crime No.631/2022 registered at Police Station- Sabalgarh District- Morena (M.P.) for the offence punishable under Sections 304B, 498A, 34 of IPC and under Section 3/4 of Dowry Prohibition Act.
5. Prosecution case is that the applicant on 5.11.2022 at about 7:35 pm, Padam Singh resident of village Simroda gave an information to Police Station Sabalgarh, Dist. Morena at 6 PM, he was at petrol pump, his elder brother Haurilal came from Karahal that sister deceased Varsha committed suicide in her in-laws house. On his information merg 53/2022 was recorded. Dead body panchnama was prepared. Dead body was sent for post-mortem. As per post-mortem report, she committed suicide by hanging.
The absence of injury marks in the postmortem report and the lack of commenting upon the merits of the case were crucial in granting anticipatory bail to the applicant.
Grant of anticipatory bail based on the lack of prior complaints regarding cruelty, harassment, and dowry demands before the death of the deceased, and the false and omnibus nature of the allegations....
Grant of anticipatory bail based on the facts and circumstances of the case and the conditions specified in Section 438 of Cr.P.C.
The main legal point established in the judgment is the grant of anticipatory bail under Section 438 of Cr.P.C. in a case involving serious offences punishable under Sections 304-B, 498-A, 34, 120-B ....
Anticipatory bail can be granted if there are no specific allegations against the applicant, ensuring the right to a fair trial and evidentiary support for accusations.
Anticipatory bail is granted when allegations are general, omnibus, and lack specific overt acts against the petitioners.
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
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