DEEPAK KUMAR AGARWAL
Manoj Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
2. Applicant has been arrested on 22.11.2022 by Police Station- Porsa, District Morena (MP), in connection with Crime No.522/2022 for the offence punishable under Sections 420, 406, 34 of IPC.
3. In brief, prosecution story is that on 04.11.2022 complainant Deepak Singh Tomar lodged a report against present applicant-accused-Manoj Sharma, his father Makhanlal and his brother-in-law Awdhesh Sharma alleging that two years back, accused Makhanlal, present applicant Manoj Sharma and accused Awdhesh Sharma came to me and requested that they are in need of money and they wants to sell their field situated at Gopalpura. On their repeated request, one Ramnaresh Sharma urged the complainant to help them. Thereafter, complainant became ready to purchase 0.210 hactare land out of Rakwa 1 Bigha 2 Viswa situated at Khasra No.1988/1. Complainant paid Rs. 14,39,8000/- to the accused persons in presence of Ramnaresh Sharma. Thereafter on 28.08.2020, documents regarding sale were prepared. Thereafter due to Covid-19 pandemic, sale-deed could not be executed. Since sellers were re
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 considered the circumstances of the case, the return of the alleged amount to the complainant, and the likelihood of a prolonged trial in granting bail to the applicant.
The court has the discretion to grant bail based on the facts and circumstances of the case, ensuring the accused's presence during the trial.
The court may grant bail based on the applicant's undertaking to cooperate in the investigation/trial, even for serious offences.
The court may grant bail considering the circumstances and length of custody without commenting on the merits of the case.
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