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DEEPAK KUMAR AGARWAL
Sagar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - The applicant has filed this first application under Section 439 of CrPC for grant of bail who has been arrested on 11.11.2022 in connection with Crime No.694 of 2022 registered at Police Station Pichore District Shivpuri for offence punishable under Sections 392 of the IPC and 11/13 of MPDVPK Act.
2. As per prosecution case, on 09.11.2022 in the morning at about 5:28 AM complainant Sukhbir lodged a report at PS Pichore Dist. Shivpuri against three unknown persons that in the night by motorcycle from Manpur he had come to Pichhore because of a quarrel. He had submitted application. In the night at about 12:40 when he went to take petrol from Achla Devi petrol pump it was closed. Three boys came on motorcycle and asked him what happened. He told them that he wanted petrol for his motorcycle, thereafter they asked to open the petrol pump and then a person present at the petrol pump filled the petrol worth Rs. 50/- and then one of the three boys asked him for lift and he gave his consent for the lift. Soon after going ahead the person sitting at the back asked to stop the motorcycle and his remaining two friends came there and started beating and snat
The completion of investigation and filing of charge-sheet can be considered as grounds for allowing a bail application.
The court may grant bail based on the applicant's undertaking to cooperate in the investigation/trial, even for serious offences.
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 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.
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 length of custody, filing of charge-sheet, and the likelihood of a prolonged trial are relevant factors in considering a bail application.
The court may grant bail considering the circumstances and length of custody without commenting on the merits of the case.
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