PRANAY VERMA
Praveen Damke – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Pranay Verma, J. - They are heard. Perused the case diary /challan papers.
2. This is the first application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.425/2022, registered at Police Station Barwani, District Barwani (MP) for offence punishable under Sections 302, 307, 147, 148 and 149 of the IPC.
3. The applicant is in custody since 19.07.2022.
4. As per the prosecution, Kavita daughter of co-accused Kailash Damke had married Lakhan without his consent. On that count Kailash was quite angry with him and on 11.06.2022 at about 3.30 p.m. came to his house and argued with him and abused him. Thereafter at 9.00 p.m. in front of Panwadi Mohalla, Manglik Bhawan Kailash, Lakki, Lokesh and the other co-accused including the present applicant beat Aditya and Sunil with an intention to kill them. Kailash assaulted Aditya with a knife on his head and back. Lucky assaulted Lakhan with knife and Lokesh assaulted Lakhan and Aditya with a danda (stick) on his head resulting in grievous injuries to him. All the other co-accused also beat the complainant with hands and fists and also on various parts of the body. As a result o
The court considered the specific circumstances of the case, including the sudden nature of the incident and the extent of the applicant's involvement, in granting bail.
The lack of corroboration of the injury attributed to the applicant and the completion of the investigation with the filing of the charge-sheet influenced the court's decision to grant bail.
The court has the discretion to grant bail based on the circumstances of the case and completion of investigation and charge sheet filing.
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.
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