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DEEPAK KUMAR AGARWAL
Ali Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - This is the first bail application u/S. 439 of Cr.P.C. filed by the applicant for grant of bail.
The applicant was arrested on 28.10.2021 in connection with Crime No.226/2021 by Police Station Kotwali, District Sheopur (M.P.) for the offence punishable under Sections 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 doing chowkidhar of the shop. On 13.05.2021 at 7 P.M., deceased Santosh saying that he has to go outside. When he did not return after some time at 8.39 P.M., he telephoned on his mobile, he replied that he will come after some time. When he did not return, he went behind the shop and saw that the deceased Santosh is lying down on the land and on his body blood was oozing out. He telephoned his owner Rajiv Shivhare. Thereafter, Police came on that spot and informed his family members. on his chest incised wou
Grant of bail based on the facts and circumstances of the case without commenting upon the merits of the case.
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.
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 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 circumstances and length of custody without commenting on the merits of the case.
Granting bail under Section 439 Cr.P.C and imposing conditions for release.
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
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