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DEEPAK KUMAR AGARWAL
Meena Rajak – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is the First application under Section 438 of Cr.P.C. filed by the applicant for grant of anticipatory bail.
2. The applicant is apprehending arrest in connection with Crime No.01/2023 registered at Police Station- City Kotwali, District- Morena (M.P.) for the offence punishable under Sections 304-B, 498-A, 34, 120-B of IPC.
3. In brief, case of the prosecution is that deceased Nidhi committed suicide by hanging. On the information, Merg bearing No. 60/2022 was registered at Police Station, Kotwali. Dead body Panchnama was prepared and dead body was sent for postmortem. As per postmortem report, the deceased died due to Asphyxia as a result of hanging within 24 hours. Merg was enquired. During merg enquiry, statements of mother, father and other relatives were recorded in which they have stated that in-laws of the deceased used to demand gold chain and thereafter, started demanding car from the deceased and due to non-fulfillment of their demand, they used to treat her cruelly, as a result of which, s h e committed suicide under suspicious circumstances. Marriage of the deceased was solemnized on 09.05.2022 with Rajesh. On the basis of aforesai
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 ....
Grant of anticipatory bail based on the facts and circumstances of the case and the conditions specified in Section 438 of Cr.P.C.
The absence of injury marks in the postmortem report and the lack of commenting upon the merits of the case were crucial in granting anticipatory bail to the applicant.
Grant of anticipatory bail based on the lack of prior complaints regarding cruelty, harassment, and dowry demands before the death of the deceased, and the false and omnibus nature of the allegations....
Abatement of suicide - since the applicant was engaged to the deceased Jamuna Yadav and she was not married and was even pregnant on the date of committing suicide, therefore, offence has been regist....
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 the charge-sheet, along with the undertaking of the applicant to cooperate in trial, are crucial factors in considering a bail application.
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