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NANDITA DUBEY
Sudhir Pandey – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Nandita Dubey, J. - Advocate for the applicant is abstaining from the Court work today.
2. This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
3. The applicant is in custody since 13.2.2023 in connection with Crime No.116/2022 registered at Police Station Kolar Road, District Bhopal for the offence punishable under Section 306 of IPC.
4. As per prosecution, deceased Bhupendra Tiwari committed suicide leaving a suicide note behind wherein he has stated that present applicant has taken an amount of Rs.18 lakhs and some gold jewellary and has been blackmailing him since long. He has further stated that present applicant is also asking for Rs.50 lakhs of further amount, hence he is committing suicide.
5. The statements of wife of the deceased and other persons have been recorded, however there is no clarification as to how the blackmailing was done.
6. Smt. Harsha Pandey, wife of present applicant, who has appeared on behalf of the applicant, has referred to Annexure A-2, which shows that the challan of Rs.10,000/- was issued against the deceased for drunk driving. She admitted that the deceased has taken the scooty of the present
The court considered the lack of clarity in the allegations and contradictory statements by the deceased, leading to doubts about the applicant's involvement, and the prolonged trial duration as grou....
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court has the discretion to grant bail to the accused, considering the facts and circumstances of the case, without commenting on the merits of the case.
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 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....
In a case of dowry death, the accused is entitled to bail if the allegations against him are general in nature and the prosecution has not shown any proximity of harassment with the suicide.
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.
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