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DEEPAK KUMAR AGARWAL
Nilesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - Heard on I.a. No. 1826/2022, an application under Section 301(2) of Cr.P.C. for assisting the Public Prosecutor.
Mr. Brajesh Tyagi, learned counsel for the complainant is permitted to assist the Public Prosecutor during hearing.
This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant was arrested on 26.11.2021 in connection with Crime No.695/2020 by Police Station Mahila Thana, District ashoknagar for the offence punishable under Sections 306, 506, 507, 509, 511 and 109 read with 34 of IPC and Sections 66(E), 67, 84(c) of IT act.
As per prosecution story, on 08.11.2021 complainant-Ramanjeet, W/o Navjotsingh Sikh, aged 35 years, R/o Pawargadh, Vidisha Road, ashoknagar has given a written complaint against the present applicant and three others namely akshay, Monika and Shital, alleging therein that in 2008 she was having family relationship with present applicant, who is married a lady and mother of three children. Before six years, she told her that she is interested in women. She is a lesbian and cannot live without her. She wants to make physical relationship with her. When she refused, she started t
The court considered the filing of charge sheet and the fact that co-accused had already been granted bail as grounds for allowing the bail application.
The completion of investigation, filing of charge sheet, and the anticipated prolonged trial process were key factors influencing the court's decision to grant bail to the accused.
The completion of investigation, filing of charge-sheet, and the custody period of the applicant were crucial factors in the court's decision to grant bail.
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.
The main legal point established is the discretion of the Court to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail based on the period of custody and without commenting on the merits of the case.
The court considered the duration of custody and the expected trial timeline in granting bail to the appellant.
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