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SUBODH ABHYANKAR
Harisingh @ Haresingh S/o Ramesh Rathore – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh abhyankar, J. - This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.409/2021 registered at Police Station Rajgarh, District Dhar (MP) for offence punishable under Section 306 read with Section 34 of the Indian Penal Code, 1860.
The applicant is in custody since 22.10.2021.
The allegation against the applicant is that he abetted the suicide of his wife Sapna, who committed suicide on 21.09.2021, after consuming celphos.
Counsel for the applicant has submitted that the deceased had left for her matrimonial home on 23.03.2021 and had stayed their until she committed suicide on 21.09.2021; and as such, she was not at all in touch with the applicant and thus, the allegation of abetment is false allegation only on account of personal animosity between the parties.
It is submitted that the deceased was stalked by another person Sanju, with whom the applicant had a fight and First Information Report (FIR) regarding which has also been registered vide Crime No.118/2021 at Police Station Rajgarh, District Rajgarh (MP). Thereafter, the applicant and the deceased also had some altercations and
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.
The court's decision to grant bail was based on the lack of evidence connecting the applicant with the offence and the likelihood of a long trial, as well as the conditions under Section 437 (3) Crim....
The court has the discretion to grant bail under Section 439 of the Criminal Procedure Code, 1973, considering the circumstances of the case and the likelihood of a lengthy trial, without reflecting ....
The court's decision to grant bail was influenced by the nature of injuries, prolonged custody, and the likelihood of a lengthy trial, as per the provisions of Section 439 of the Criminal Procedure C....
Bail can be granted under Section 439 Cr.P.C. when there is a lack of evidence for the charges and when the duration of judicial custody is deemed excessive.
The court considered the similarity of the applicant's case to that of the co-accused who had been granted bail previously and the likelihood of a lengthy trial as grounds for allowing the bail appli....
The court's decision to grant bail was influenced by the statement of the prosecutrix recorded under Section 164 of the Cr.P.C., which supported the applicant's innocence.
The court may grant bail under Section 439 of the Cr.P.C. based on the applicant's plausible involvement in the offence.
The court may grant bail under Section 439 of Cr.P.C. considering the period of incarceration, the amount seized from the applicant, and the likelihood of a lengthy trial.
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