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DEEPAK KUMAR AGARWAL
Jitendra – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is first bail application filed u/S.439 of Cr.P.C by the applicant for grant of bail.
2. The applicant was arrested on 16.12.2022 in connection with Crime No.247/2022 by Police Station- Matabasaiya, District- Morena (MP) for the offence punishable under Sections 376(D), 452, 506 of IPC.
3. In brief, prosecution case is that on 03.11.2022 at 4:23 p.m. Rajendra gave information to Kotwali Matabasaiya that on 02.11.2022 at 9:30 a.m. when he was going to his field, he saw in the field of Gambhir Singh Lodhi a newly born child in live position, he informed the child line. Thereafter, he got information that some lady had thrown her child in the morning 4:00 to 9:00 a.m.. That child was admitted in the government hospital, District Morena. Due to the information, the offence was registered against accused persons. Thereafter, Police enquired the offence in which the prosecutrix, her mother and her sister-in-law (Bhabhi) was made an accused.
4. On 09.11.2022, at 2:00 p.m., the prosecutrix aged about 22 years lodged a oral complaint against present applicant/accused and Jitendra Lodhi, Monu Gurjar, Pradeep Gurjar that she resides alongwith her mother at
The decision emphasizes the importance of considering the specific circumstances of the case and the absence of allegations against the applicant in determining the grant of bail.
The court may grant bail based on the period of custody and without commenting on the merits of the case.
The main legal point established is the discretion of the Court to grant 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 based on the facts and circumstances of the case, without commenting upon the merits of the case.
The court may grant bail based on the period of custody, delay in trial, and without commenting on the merits of the case.
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.
Consent and permanent residency can be considered as grounds for granting bail in cases of abduction and rape.
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