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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Miltan Kumar – Appellant
Versus
State of Bihar – Respondent
ORDER :
1. The petitioner is an accused for the offences punishable under Sections 341, 323, 325, 307, 385, 379, 504 and 34 of the Indian Penal Code. The petitioner sought anticipatory bail before this Court and while granting interim protection to the petitioner by order dated 20.10.2023, this Court issued notice in this matter.
2. Vide order dated 10.05.2024, this Court granted four weeks’ time for filing counter affidavit as prayed by the State. Though, no counter affidavit has yet been filed.
3. Under these circumstances, we are of the opinion that the order dated 20.10.2023, granting interim protection to the petitioner is made absolute and therefore, the prayer of the petitioner is allowed.
4. Accordingly, in the event of the arrest of the petitioner, the petitioner is directed to be released on bail forthwith on the usual terms and conditions to be decided by the concerned Court.
5. The present petition shall stand disposed of in the above terms along with pending application(s), if any.
The absence of a counter affidavit from the State can lead to the granting of anticipatory bail, reinforcing the principle of fair trial and protection against arbitrary arrest.
Points OF The Law : Perused first information report as well as the statement recorded by the prosecutrix under Section 164 Cr.P.C.
Compliance with the order to join the investigation and cooperate with the police authorities can influence the grant of anticipatory bail.
The main legal point established is that the grant of anticipatory bail is subject to the petitioner joining the investigation and abiding by the conditions stipulated under Section 438(2) Cr.P.C.
The court may grant anticipatory bail based on the allegations in the First Information Report and the attending circumstances, if the case of anticipatory bail is made out.
Anticipatory bail can be made absolute if no new violations occur and there is a significant delay in filing the application without evidence of wrongdoing.
The main legal point established in the judgment is the court's discretion in granting anticipatory bail, emphasizing the importance of the petitioner's cooperation with the Investigating Agency and ....
The court granted anticipatory bail, emphasizing the applicant's cooperation and lack of substantial evidence against him, while imposing strict conditions to ensure compliance.
The main legal point established in the judgment is the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, and the necessity for the appellants to cooperate if thei....
Granting anticipatory bail based on the bailable nature of the offenses and the specific circumstances of the case.
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