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SUNITA YADAV
Kumari Shivani Tomar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sunita Yadav, J. - The applicant has filed this second application u/S 439, Cr.P.C. for grant of bail.
2. The applicant has been arrested by Police Station Tendua, District Shivpuri in connection with Crime No. 68/2022 for the offence punishable under Sections 302, 304(b), 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act.
3. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. It is submitted that her first bail application was dismissed as withdrawn vide order dated 04.01.2023 in M.Cr.C. No. 61548 of 2022 and thereafter, co-accused-Geeta Bai has been granted the benefit of regular bail by the Coordinate Bench of this Court vide order dated 19.01.2023 in M.Cr.C. No.61557 of 2022. Under the changed circumstances, present bail application has been filed by the applicant as the case of the present applicant is in parity with the co-accused, therefore, she should be granted bail.
4. On the other hand, learned State counsel vehemently opposed the application and prayed for its rejection.
5. Heard learned counsel for the rival parties and perused the case diary available on record.
6. Considering the overall facts and
Grant of bail based on changed circumstances and parity with co-accused, without expressing opinion on merits of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The decision to grant bail was based on the overall facts and circumstances of the case, without expressing any opinion on the merits of the case, and emphasized the need for compliance with specifie....
The change in circumstances, particularly the turning of family members as hostile witnesses, can influence the court's decision in granting bail.
The court may grant bail based on factors such as lack of support from the victim, the age of the victim, and the likelihood of the trial taking time.
The court considered the compromise between the parties, the affidavit from the deceased's father, and the similarity to a co-accused who was granted anticipatory bail as influential factors in grant....
The court's decision to grant bail was based on the general and omnibus nature of the allegations, absence of specific instances against the applicant, and completion of the investigation.
The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, without commenting on the merits of the case.
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