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VIJAY KUMAR SHUKLA
Sadda Banjara – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - This is fourth application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.126/2020 registered at Police Station - Malhargarh, District Mandsaur (M.P.) under Section 376 of the IPC on the ground of death of father of the applicant.
2. Alongwith the application, a death certificate of father of the applicant Bagga Gaur R/o Bhainsakheda, Malhargarh, Mandsaur has been enclosed.
3. It is submitted that the last rituals are to be performed from 18.01.2023 to 22.01.2023. The applicant being only son of the deceased has to perform the rituals. The application is supported by the affidavit of one relative Member Gond.
4. Learned counsel for the respondent/state submits that the applicant may be directed to be released subject to verification of the death of father of the applicant by the trial Court.
5. After hearing learned counsel for the parties and taking into consideration the death certificate and affidavit enclosed alongwith the application, this court is of the view that the applicant is granted temporary bail for a period of ten (10) days from the date of release. The applicant shall be released subject to
The court has the discretion to grant temporary bail in compassionate grounds such as the need to perform last rituals for a deceased family member, subject to verification by the trial court.
The completion of investigation, grant of bail to a co-accused under similar circumstances, and the allegations in the dying declaration are influential factors in the court's decision to grant bail.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
The discrepancy in the recorded date of birth of the prosecutrix and the totality of facts influenced the court's decision to grant bail to the applicant.
The court has the discretion to grant temporary bail based on specific circumstances, such as the death of a family member.
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The court considered the prolonged pre-trial incarceration, delay in trial, and the health condition of the applicant as grounds for granting bail, while also taking into account the non-cooperation ....
The completion of investigation, filing of chargesheet, lack of criminal antecedents, and absence of FSL report on the spurious liquor were crucial in granting bail to the applicant.
The lack of seizure from the applicant and the completion of the investigation can be considered as grounds for granting bail in certain cases.
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