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DEEPAK KUMAR AGARWAL
Shanu @ Tarun Dohare – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - This is the 1st bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
Applicant has been arrested on 29.10.2021 by Police Station, Kotwali Sheopur, District Sheopur, in connection with Crime No.226/2021 for the offence punishable under Section 302, 34 of IPC.
In brief, the prosecution case is that on 14.05.2021 complainant Pankaj Shivhare has lodged a report at Kotwali, Sheopur that from last three years he is working as salesman at a liquor Company at Sheopur and from the last 20 days at Shop No.4 of the liquor company deceased Santosh, resident of Lalitpur, was also doing work of salesman. Due to lock-down, they were performing work of watchman at the shop. On 13.05.2021 at 7 P.M. deceased Santosh said that he has to go outside to answer the call of nature. When he did not return after some time, at 8.39 P.M. he telephoned on his mobile, then he replied that he will come after some time. When he did not return, he went behind the shop and saw that deceased Santosh is lying down in pool of blood. He telephoned his owner Rajiv Shivhare. Thereafter, Police came on the spot and informed his family members. On the chest of dead-body
The completion of investigation and filing of charge-sheet can be considered as grounds for granting bail, without commenting on the merits of the case.
Grant of bail based on the facts and circumstances of the case without commenting upon the merits of the case.
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.
The court may grant bail considering the length of custody and the likelihood of a prolonged trial, without commenting on the merits of the case.
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail considering the circumstances and length of custody 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.
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
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