Back
RAJENDRA KUMAR VERMA
Pappu Gole – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajendra Kumar Verma, J. - This is an application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail during trial.
The applicant is facing trial in connection with Crime No.351/2021, registered at Police Station-Palsood, District-Barwani, concerning offence under Sections 306/34 of IPC, 1860. The applicant is in jail since 31/10/2021. a s per prosecution story on 24/10/2021 deceased Kiran committed suicide by hanging herself.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the matter. The applicant and the deceased were married for twelve years and in that period no complaint was made by the deceased to anyone stating that she is being harassed by the accused persons. It is further submitted that there is no iota of material to indicate that at any point of time the applicant abetted the deceased to commit suicide. No offence under Section 306 of IPC is made out since necessary ingredients of Section 107 of IPC are not fulfilled. Only omnibus and general allegations have been levelled against the applicant. Co-accused Madan and Leelubai have already been enlarged on bai
The main legal point established in the judgment is that bail may be granted during trial when there is a lack of material indicating the commission of the alleged offence and when specific allegatio....
The absence of abetment alleged against the applicant and the prolonged trial period were key factors influencing the court's decision to grant temporary bail.
The main legal point established in the judgment is the consideration of lack of evidence, change in circumstances with key witnesses turning hostile, and the accused's deteriorating health condition....
The court ruled that without substantial evidence proving unnatural death or suicide, the applicant is entitled to bail, emphasizing the necessity of clear proof for conviction under IPC sections.
The court considered the nature and gravity of the allegation, the period of custody, the progress of the investigation, and the applicant's personal circumstances in deciding to grant bail.
Point of Law : Criminal Law - Offence of Cruelty and Dowry Death - Bail Application - No previous complaint against accused and co-accused are on bail, and the fact that applicant is in custody for a....
The court may grant bail based on the statements of witnesses and the likelihood of the trial taking time for its conclusion, without commenting on the merits of the case.
Grant of anticipatory bail based on the suspicious nature of the prosecution story and the claim of innocence by the applicant's counsel.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
