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DEEPAK KUMAR AGARWAL
Dinesh Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - This is first bail application filed by the applicant under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 16.01.2022 in connection with Crime No.14/2022 at Police Station Mow, District Bhind for the offence punishable under Sections 306 and 34 of IPC.
As per prosecution story, on 02.10.2021 at 5.30 p.m. deceased Santosh S/o ashok resident of Baroli, P.S. Mow, District Bhind had admitted in ICU department in J.a. Hospital, Gwalior and during treatment he died. On the information, Merg under Section 174 of Cr.P.C. was recorded at Police Station Kampoo and post mortem was conducted. as per post mortem report, he died due to cardio respiratory failure as a result of poisoning. Merg was inquired. During Merg inquiry, statements of wife of deceased- Preeti and son- Manoj were taken, in which they stated that on 24.09.2021, due to throwing of garbage, a dispute arose between them and accused persons namely; Dinesh, Pardeep and asharam, due to which deceased Santosh got injured and they reported the matter in the Police. afterwards, on 01.10.2021, the applicant/accused alongwith co-accused persons Pradeep and asharam came to t
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 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.
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 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's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
The court's decision was influenced by the consideration of the likelihood of the applicant's absconsion or tampering with the prosecution evidence, and the specific conditions imposed for granting b....
The main legal point established in the judgment is the grant of anticipatory bail under Section 438 of Cr.P.C. in a case involving serious offences punishable under Sections 304-B, 498-A, 34, 120-B ....
The court may grant bail considering the circumstances and length of custody without commenting on the merits of the case.
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