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VISHAL DHAGAT
Keshar Bai – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Dhagat, J. - This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.
2. Applicant has been arrested on 21.07.2022 in connection with Crime No. 625/2022 for offence under Sections 498-A, 304-B, 34 of IPC and Section 3/4 of Dowry Prohibition Act registered at Police Station - Kolar road, District - Bhopal (M.P.).
3. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 21.07.2022. Investigation is complete. It is submitted that there are omnibus and general allegations against all the family members. No specific allegation is made against applicant regarding demand of dowry and harassment. It is submitted that all family members are implicated in the case. There is allegation of demand of motorcycle only. In these circumstances, he prayed that applicant may be enlarged on bail.
4. Learned Government Advocate appearing for State opposed the application for grant of bail and read over the statement of relative. On the basis of said statement he prayed for dismissal fo the bail application.
5. Heard the counsel for the pa
The court's decision to grant bail was based on the general and omnibus nature of the allegations, absence of specific instances against the applicant, and completion of the investigation.
Grant of bail based on changed circumstances and parity with co-accused, without expressing opinion on merits of the case.
The change in circumstances, particularly the turning of family members as hostile witnesses, can influence the court's decision in granting bail.
The court may grant bail considering the accused's first offender status, the filing of the charge sheet, and the likelihood of a prolonged trial.
In a case of dowry death, the accused is entitled to bail if the allegations against him are general in nature and the prosecution has not shown any proximity of harassment with the suicide.
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.
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