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DEEPAK KUMAR AGARWAL
Deepak Shrivas – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant was arrested on 03.12.2021 in connection with Crime No.636/2021 by Police Station Maharajpura, District Gwalior (MP) for the offence punishable under Sections 306/34 of IPC.
As per prosecution story, on 01.05.2021 at 9:45 pm brother of the deceased Ravindra Singh gave an information at Police Station Maharajpura, District Gwalior stating that his brother Satendra Singh aged 22 years was admitted in Military Hospital, Morar, as he was ill. On his information, Merg No.35/2021 was registered and Merg was enquired. Postmortem was conducted and as per postmortem report, he died due to consumption of aluminum phosphide poisoning and sudden cardiac arrest. On 12.05.2021 brother of the deceased Ravindra Singh stated that the applicant took loan from his brother which he was not returning, due to which he committed suicide. This fact has been narrated in the said suicide note. Thereafter on 19.09.2021, 01.10.2021 and 10.10.2021, this fact was also stated by Krishna and Keerat Singh Tomar. On 02.05.2021 from the place of incident one register containing suici
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
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.
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.
Grant of bail based on the facts and circumstances of the case without commenting upon the merits of the case.
Grant of bail with the condition of cash security and a personal bail bond, emphasizing the need for the applicant to be present during the trial.
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 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 ....
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