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DEEPAK KUMAR AGARWAL
Meera Shakya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - Learned counsel for the rival parties are heard.
2. This is the fifth application u/S.439 Cr.P.C filed by the applicant for grant of bail. Last bail application was dismissed as withdrawn vide order dated 12.08.2021 with liberty to repeat after recording of statements. Thereafter, six witnesses have been recorded and, in changed circumstances, this bail application is filed.
3. The applicant was arrested on 20.07.2020 by Police Station- Nayagaon, District - Bhind(M.P.) in connection with Crime No.74/2020 for the offence punishable under Section 306 of IPC.
4. In brief, prosecution case is that present applicant-accused is the mother-in-law of deceased- Parvati. Sandeep (husband of deceased) and Parvati solemnized their marriage on 20.04.2018. Present applicant-accused beaten her for some family dispute, due to which deceased Parvati committed suicide by igniting herself with kerosene. Present applicant-accused alleged that she used to quarrel with her.
5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. She is in custody since 20.07.2020 and she is permanent resident of District - Bh
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's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
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 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.
Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of anticipatory bail based on the facts and circumstances of the case and the conditions specified in Section 438 of Cr.P.C.
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