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DEEPAK KUMAR AGARWAL
Dev Kaushal – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This First application under Section 439 of Cr.P.C. filed by the applicant for grant of bail who has been arrested on 04-11-2022 in connection with Crime No.714 of 2022 registered at police station Maharajpura, District Gwalior for offence under Sections 376, 328, 342, 506, 34 of IPC.
2. In brief, the prosecution story is that prosecutrix a married lady lodged a complaint against the present applicant accused at police station Maharajpura, District Gwalior on 07-09-2022 stating therein that she is resident of DD Nagar, Kushwah Market, Gwalior and she is having two children, namely, Shivansh and Shivangi. She could not maintain her family on the income of her husband, therefore, she decided to do a job. Thereafter, she came to contact of present applicant resident of Nehru Colony, Station Road, Kotwali, District Sehore who assured her to give a better job. Without interviewing, the present applicant called him at Bhopal and told that she will go for training near about 6- 7 days for which the vehicle is required. On account of this, she along with Honda Activa bearing registration no. MP07 SP 7447 along with cash of Rs.30,000/-and other ornaments an
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 has the discretion to grant bail based on the facts and circumstances of the case, 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 may grant bail based on the period of custody, delay in trial, and without commenting on the merits of the case.
The court may grant bail based on the period of custody and 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.
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 completion of investigation, filing of charge-sheet, and the requirement for the applicant to be present during trial are crucial factors in considering a bail application.
Grant of bail based on the facts and circumstances of the case.
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