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DEEPAK KUMAR AGARWAL
Akshay@ Arvind Pardhi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
2. Applicant has been arrested on 24.08.2022 by Police Station, Sironj, District Vidisha (MP), in connection with Crime No.365/22 for the offence punishable under Sections 458 and 382 of IPC and later Section 394,395 & 323 of IPC has been added by the Court below on application of prosecution U/s 323 of Cr.P.C. and committed the case for Session's trial.
3. After investigation, charge-sheet has been admitted.
4. In brief, the prosecution case is that complainant Mehfooz lodged a report at Police Station Sironj, District Vidisha that on 25.08.2022 that in the night 24.08.2022, he along with his family members were sleeping in the house. In the morning at 3.30 am.,he listened sound of opening of Almirah. He gave a sound to his daughter but she did not answer. He wake up and went there. One person told him keep quite. There are 5, 6 persons were also standing. All of them started mar-peet with him. His wife telephoned his family members. Due to this they started ran away. He also ran behind them. At that time Furkhan, Faijan, Hifajan and other people came. They tried
The court has the discretion to grant bail based on the facts and circumstances of the case, ensuring the accused's presence during the trial.
The completion of investigation and filing of charge-sheet can be considered as grounds for allowing a bail application.
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.
Grant of bail based on the facts and circumstances of the case.
The court may grant bail based on the applicant's undertaking to cooperate in the investigation/trial, even for serious offences.
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.
The court may grant bail based on the period of custody, delay in trial, and without commenting on the merits of the case.
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