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DEEPAK KUMAR AGARWAL
Parshuram @ Sushil @ Sussi Gurjar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant is in custody since 28.2.2022 in connection with Crime No.21/2021 by Police Station Utila, District Gwalior (MP) for the offence punishable under Sections 306, 34 of IPC.
In brief the prosecution case is that on 15.2.2021 from Prime Hospital, City Center, Gwalior, an information has been sent to Police Station, University, that deceased Mamta Gurjar wife of present applicant died due to strangulation during treatment. On this information, Merg No.31/2021 was registered at police Station, University. Dead-body Panchnama was prepared. Dead-body was sent for postmortem. as per postmortem, she died due to asphyxia as a result of ante-mortem hanging. Merg was transferred to police Station Utila where Merg No.33/2021 was registered. Merg was enquired. During Merg enquiry, statements of father of the deceased Siyaram, brother Dushyant Singh, mother Kalawati and Dileep Singh Gurjar were recorded. They stated that marriage of the deceased was solemnized with present applicant 14 years ago. Out of the wedlock, one son Nandu was born. On 14.2.2021 deceased
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's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
Grant of bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case and the period of custody.
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.
Grant of bail with the condition of cash security and a personal bail bond, emphasizing the need for the applicant to be present during the trial.
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal point established in the judgment is the grant of anticipatory bail under Section 438 of Cr.P.C. in a case involving serious offences punishable under Sections 304-B, 498-A, 34, 120-B ....
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.
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.
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