VIJAY KUMAR SHUKLA
Jitendra – Appellant
Versus
State of Madhya Pradesh Station – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - This is first application of the applicant under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.460/2021 registered at Police Station Dalauda District Mandsaur for the offences under Sections 306,384,34 of IPC and Section 3/4 of the M.P. Debtors Protection act, 1937.
Against the present applicant the allegation in dying declaration is that he had given loan to the deceased and used to demand the same and therefore, he committed suicide by consuming sulphas tablet.
Counsel for the applicant submits that under similar circumstances one co-accused Ramprasad has already been granted bail by this Court in MCRC.No.424/2022 vide order dated 17.1.2022.
Counsel for the objector submits that mother and brother of the deceased had made specific allegations against the present applicant that he use to demand money and torture the applicant.
However, taking into consideration the averments, material on record and the fact that co-accused Ramprasad has already been granted bail and investigation has already been completed, I am of the view, that the applicant is entitled for bail.
It is directed that applicant- Jitendra S/o Shankarlal Gugar shall
The completion of investigation, grant of bail to a co-accused under similar circumstances, and the allegations in the dying declaration are influential factors in the court's decision to grant bail.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The lack of seizure from the applicant and the completion of the investigation can be considered as grounds for granting bail in certain cases.
The completion of investigation, filing of chargesheet, lack of criminal antecedents, and absence of FSL report on the spurious liquor were crucial in granting bail to the applicant.
The court has the discretion to grant temporary bail in compassionate grounds such as the need to perform last rituals for a deceased family member, subject to verification by the trial court.
The quantity of contraband, filing of charge-sheet, and criminal record of the applicant are key factors in determining the grant of bail under the NDPS Act.
The court's decision to grant bail was influenced by the peculiar facts and circumstances of the case and the present situation of the country due to the pandemic of corona virus (COVID-19).
The absence of criminal records, filing of the charge sheet, and prima facie case for bail influenced the court's decision to grant bail to the applicants.
The court considered the prolonged pre-trial incarceration, delay in trial, and the health condition of the applicant as grounds for granting bail, while also taking into account the non-cooperation ....
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