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DEEPAK KUMAR AGARWAL
Rajesh @ Rinku – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is First application under section 438 of Cr.P.C. filed by the applicants for grant of anticipatory bail.
2. The applicants are apprehending their arrest in connection with Crime No.1055/2022 registered at Police Station Morar, District Gwalior (MP) for the offence punishable under Sections 498-A, 304-B, 34 of IPC and Sections 3/4 of the Dowry Prohibition Act.
3. In brief, the prosecution case is that on 12.11.2022 Dhara Singh gave an information to police Station, Morar, that on 10.11.2022 at 1.30 am Banti Jatav, Jeth of her sister Poonam, informed him that his sister deceased Poonam is admitted in Birla Hospital. On the information, he along with his family members reached Birla Hospital and came to know that his sister Poonam has consumed acid and her condition is critical. Thereafter during treatment on 11.11.2022 at 11 pm she died. On his information, Merg No.8/2022 was recorded. Dead-body Panchnama was prepared. Dead-body was sent for postmortem. As per postmortem report, death seems to be of poisoning. Viscera was preserved for chemical analysis. During Merg enquiry, statements of mother and father of the deceased were recorded in which
Grant of anticipatory bail based on the lack of prior complaints regarding cruelty, harassment, and dowry demands before the death of the deceased, and the false and omnibus nature of the allegations....
Grant of anticipatory bail based on the facts and circumstances of the case and the conditions specified in Section 438 of Cr.P.C.
The main legal point established in the judgment is the grant of anticipatory bail under Section 438 of Cr.P.C. in a case involving serious offences punishable under Sections 304-B, 498-A, 34, 120-B ....
The absence of injury marks in the postmortem report and the lack of commenting upon the merits of the case were crucial in granting anticipatory bail to the applicant.
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
The court's decision was influenced by the timing of the incident, the filing of the FIR, and the applicant's willingness to cooperate in the investigation in granting anticipatory bail.
Grant of anticipatory bail based on the suspicious nature of the prosecution story and the claim of innocence by the applicant's counsel.
Anticipatory bail granted due to lack of evidence against the elderly petitioner and absence of necessity for custodial interrogation.
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