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DEEPAK KUMAR AGARWAL
Bisen Alias Bishan Bheel – 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. The applicant was arrested on 08/06/2022 in connection with Crime No.113/2022 by Police Station- Karahal, District- Sheopur (M.P.) for the offence punishable under Sections 302, 201, 294, 323 and 34 of IPC.
2. In brief, the prosecution case is that on 07/06/2022 complainant Umesh @ Keriya Bheel lodged a Dehati Nalisi against the applicant and three other accused persons that he alongwith his younger brother had gone to attend the marriage of his cousin brother where some altercation took place between the accused persons and complainant. On that, applicant Bisen and other accused persons namely- Som and Jeetu assaulted the complainant by kicks and fists and when younger brother- Kishna of the complainant came to intervene in the matter, applicant caught hold of him and other accused persons assaulted him by kicks and fists. Thereafter, they took him and threw in the forest. During incident, deceased received injury on his private part, due to which, he died. As per postmortem report, deceased died due to injury received on the private part. Statements of witnesses we
The completion of investigation and filing of the charge-sheet, along with the undertaking of the applicant to cooperate in trial, are crucial factors in considering a bail application.
The court may grant bail considering the circumstances of the case, the filing of the charge sheet, and the time it would take for the conclusion of the trial.
The court's decision was influenced by the consideration of the likelihood of the applicant's absconsion or tampering with the prosecution evidence, and the specific conditions imposed for granting b....
The court has the discretion to grant bail based on the circumstances of the case and completion of investigation and charge sheet filing.
The court may grant bail based on the period of custody and without commenting on the merits of the case.
The court's decision to grant bail was influenced by the nature of the offence, the stage of the trial, and the likelihood of the applicant absconding or tampering with the prosecution case.
Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.
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.
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