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DEEPAK KUMAR AGARWAL
Shubham Rawat – 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 14.12.2021 by Police Station, Kolaras, District Shivpuri, in connection with Crime No.470/2021 for the offence punishable under Section 392, 34 of IPC and Sections 11/13 of the MPDVPK act.
As per prosecution case, on 21.10.2021 at 1:41 pm, Complainant Shafi ahmad Khan lodged a report that he does the job of cashier at Pooran Chandra Hariom firm. On 21.10.2021, at about 11-11:15 am, when he was going from Mandi to godown for taking Baardana, there was Rs. 3 lacs, cheque book, letter pad, bill book, copy, calculator and, one Raseed katta in his bag. as soon as he reached between Kolaras Gate and road, one person intentionally dashed his motorcycle with the motorcycle of complainant due to which he fell down. He sustained injuries in the knee of his left hand and right leg and minor injuries on his ankle and left side of head. Both the persons having threatened him, snatched his bag and fled away. One another motorcycle was behind them on which two persons were sat. He could not see the number of the said motorcycles but he can rec
The completion of investigation and filing of charge-sheet can be considered as grounds for allowing a bail application.
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 has the discretion to grant bail based on the circumstances of the case and completion of investigation and charge sheet filing.
The completion of investigation, filing of charge-sheet, and the requirement for the applicant to be present during trial are crucial factors in considering 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 may grant bail considering the circumstances and length of custody without commenting on the merits of the 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.
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