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DEEPAK KUMAR AGARWAL
Ballu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - Heard learned counsel for the rival parties.
2. This is the first application u/S.439 Cr.P.C filed by the applicant for grant of bail.
3. The applicants were arrested on in connection with Crime No.84/2022 by Police Station- Panihar, District- Gwalior (MP) for the offence punishable under Sections 294, 323, 506, 34 of IPC and enhanced Sections 324, 326 of IPC.
4. In brief, the prosecution case is that on 11.07.2022 at 9.20 A.M., complainant Immo @ Imran Khan along with his brother lodged a report at Police Station Panihar, District Gwalior against present applicants Ballu and Kallu @ Shabbir Husain that preceding night on 10.07.2022 at 8.30 P.M., due to previous enmity they abused him on filthy languages. When he objected, present applicants assaulted with lathi. He cried. Due to which his brother Sahid and Aadhil came there. Thereafter, co-accused Altaf @ Lukka assaulted lathi to his brother on his left elbow and Paju Khan assaulted on his left ear. As per report the offence under Sections 294, 323, 506, 34 of IPC bearing Crime No.84/22 was registered at Police Station Panihar, District Gwalior. He was sent for medical examination. During medical ex
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 considered the facts and circumstances, absence of overt act attributed to the applicant, and the likely time for the conclusion of the trial in granting bail.
The completion of investigation and filing of charge-sheet can be considered as grounds for allowing a bail application.
The completion of investigation and filing of the charge-sheet, along with the existence of a counter FIR, influenced the court's decision to grant bail to the applicant.
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.
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 facts and circumstances of the case, ensuring the accused's presence during the trial.
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