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SUNITA YADAV
Samrath Lodhi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sunita Yadav, J. - The applicant has filed this first application u/S. 439 of Cr.P.C. for grant of bail.
2. The applicant has been arrested on 16.11.2022 by Police Station Khaniadhana, District Shivpuri(M.P.) in connection with Crime No. 642/2022 registered for the offence punishable under Sections 306, 34 of the IPC.
3. As per prosecution story, allegation against the present applicant-accused is that he instigated the deceased to commit suicide on account of which he consumed some poisonous substance and committed suicide.
4. Learned counsel for the applicant-accused argued that the applicant is innocent and has been falsely implicated in the matter. The applicant is under custody since 16.11.2022. The further argument is that the entire prosecution story is highly suspicious and improbable because allegedly the incident occurred on 12.06.2022, however, the FIR has been lodged on 07.11.2022. After a delay of almost five months for which no plausible explanation has been given. The further argument is that the prosecution witness in their merg statements and not made allegations about the instigation of suicide, however, in their statements recorded under 161 of Cr.P.C. After
The decision to grant bail was based on the overall facts and circumstances of the case, without expressing any opinion on the merits of the case, and emphasized the need for compliance with specifie....
The court considered the nature of allegations and the arguments presented by the applicant's counsel, and granted bail based on the specific conditions and without expressing any opinion on the meri....
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.
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court considered the lack of clarity in the allegations and contradictory statements by the deceased, leading to doubts about the applicant's involvement, and the prolonged trial duration as grou....
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....
Bail is a rule and imprisonment is an exception; presumption of innocence must be upheld unless proven guilty.
The court ruled that without substantial evidence proving unnatural death or suicide, the applicant is entitled to bail, emphasizing the necessity of clear proof for conviction under IPC sections.
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