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PRANAY VERMA
Kalibai – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Pranay Verma, J. - They are heard. Perused the challan papers.
2. This is the First application under Section 439 of Criminal Procedure Code, 1973, as the applicants are implicated in connection with Crime No.387/2022 registered at Police Station Meghnagar, District Jhabua (MP) for offence punishable under Sections 302, 201 and 120-B of the IPC.
3. The applicant is in custody since 08-10-2022.
4. As per the prosecution, on 13-08-2022 report was lodged by Nilesh Panchal to the effect that his brother Vijay had gone in the morning for work but has not come back till the evening. At about 07:00 pm information was received regarding a dead body near Hanuman Mandir, Navapada Road and the same was discovered to be that of Vijay. There were injury marks on his head. Thereafter, FIR was registered against unknown persons and investigation was commenced during the course of which it was discovered that the applicant was having illicit relationship with Vijay which was found out by her husband due to which she and her husband alongwith co-accused Sunil, Naresh and Kulu @ Kaliya entered into a conspiracy to kill him and eventually killed him. Recovery of a wooden Fanchra and shoes of dec
Bail eligibility based on circumstantial evidence and parity with co-accused.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
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 severity of the offence, the nature of the accusation, and the supporting evidence are crucial factors in determining whether a bail application should be granted.
Bail granted based on lack of evidence and prolonged detention without charges.
The court considered the delay in trial conclusion, contradictory statements by the prosecution, absence of autopsy report, and the impact of the COVID-19 outbreak on the trial in granting regular ba....
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