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RAJENDRA KUMAR VERMA
Varsha Borasi – 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 temporary bail during trial.
The applicant is facing trial in connection with Crime No.726/2021, registered at Police Station-azad Nagar, District-Indore, concerning offence under Sections 306 of IPC, 1860. The applicant is in jail since 30/12/2021.
As per prosecution story on 30/09/2021 deceased Kajol committed suicide by hanging herself. as per the suicide note of the deceased the applicant and her husband were implicated in the matter for instigating the deceased to commit suicide.
Learned counsel for the applicant has submitted that the applicant is innocent lady and has been falsely implicated in the matter. as per suicide note there is no aspect of abetment alleged against the applicant, which is mandatory under Section 107 of IPC, 1860 to attract offence punishable under Section 306 of IPC, 1860. The applicant is in custody since 30/12/2021, investigation is over, charge sheet has been filed and conclusion of trial will take sufficient long time. Under these circumstances, learned counsel prays for grant of bail to the applicant.
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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 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 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.
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's decision was based on the applicant's entitlement to bail under Section 439 of the Criminal Procedure Code, 1973, considering the facts and circumstances of the case.
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Abetment of suicide under Section 306 IPC requires proof of direct or indirect acts of incitement to suicide, and mere harassment without any positive action proximate to the time of occurrence is in....
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