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DEEPAK KUMAR AGARWAL
Natthu Lal – 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.
applicant has been arrested on 24.03.2022 by Police Station, Bahadurpur, District ashoknagar (MP), in connection with Crime No.68/2022 for the offence punishable under Sections 306, 498(a) of IPC and Section 3/4 of Dowry Prohibition act.
as per prosecution story, on 2.3.2022 at 3.15 PM Sanju Lodhi lodged a Dehati Nalishi with aSI Devlal Koli of Police Station Bahadurpur, District ashoknagar that his house is at village Keshlon. He went to his shop situated at village adhaikhed and in his house his wife Rajkumari and two sons were present. His mother and father went to the field. One Balkishan gave information that his wife Rajkumari has closed the room. On the information he reached the house and saw that the door of the room was closed inside. By climbing the house he saw that his wife has committed suicide by hanging on the roof. He told Choukidar Parmal to inform police. Dehati Merh No. 2/2022 under Section 174 Cr.P.C. was recorded, thereafter Merg 26 was registered. Dead body panchanama was prepared and the dead body was sent for postmortem. as per postmo
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
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 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.
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of anticipatory bail based on the facts and circumstances of the case and the conditions specified in Section 438 of Cr.P.C.
The absence of injury marks in the postmortem report and the lack of commenting upon the merits of the case were crucial in granting anticipatory bail to the applicant.
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.
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 anticipatory bail based on the lack of prior complaints regarding cruelty, harassment, and dowry demands before the death of the deceased, and the false and omnibus nature of the allegations....
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