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DEEPAK KUMAR AGARWAL
Babulal Ahirwar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - 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 27.12.2021 in connection with Crime No.222/2021 by Police Station Gulabganj, District Vidisha (MP) for the offence punishable under Sections 294, 323, 324, 34, 506, 325, 326 of IPC.
As per prosecution story, on 25.10.2021 at 7.30 pm complainant Brijesh lodged a report at Government Hospital, Gulabganj, against present applicant and three others alleging that by driving in his tractor-trolley on his plot, applicant Babulal broke his Bagad (boundary). When the complainant objected, he started abusing him with filthy language. Thereafter from the trolley he took out an axe and assaulted on his head, due to which blood came out. To save the complainant, Bheem Raghuwanshi and anil Raghuwanshi came, then Chokidar Veeran carrying Farsa, Kannu ahirwar sickle and elder brother of Veeran Chokidar armed with Lathi came there and started beating them. Veeran assaulted with Farsa on the head of anil, Kannu assaulted with sickle on left hand of anil and elder brother of Veeran inflicted Danda blow on the head of Bheem. at that juncture, Chhotu
The court has the discretion to grant bail based on the circumstances of the case and completion of investigation and charge sheet filing.
The court's decision to grant bail was based on the assessment of the facts and circumstances of the case, without commenting on the merits of the case.
The completion of investigation and filing of charge-sheet can be considered as grounds for allowing a 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 court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision to grant bail was based on the facts and circumstances of the case, emphasizing the need for the applicant to cooperate in trial and appear before the trial court on each date.
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