Back
B. V. NAGARATHNA, SATISH CHANDRA SHARMA
WAKAS GOURI@MD WAQAS GORI – Appellant
Versus
STATE OF WEST BENGAL – Respondent
ORDER :
1. Leave granted.
2. This appeal challenges the order dated 07.08.2024 passed by the High Court at Calcutta in CRM(A) No. 2461 of 2024.
3. Apprehending arrest in connection with crime registered pursuant to FIR No. 48 of 2023 lodged with Jorasanko Police Station, District Central Division in respect of the offences punishable under Sections 341, 376, 506 of the Indian Penal Code, 1860 (for short “IPC”), the appellant preferred an application before the High Court seeking anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973 (“the Code” for short).
4. Said application for anticipatory bail has been rejected by the High Court vide impugned order dated 07.08.2024. Hence, instant appeal has been preferred.
5. By order dated 09.09.2024, this Court issued notice to the respondent-State in the matter.
6. We have heard learned senior counsel in support of the appellant and learned senior counsel for the respondent-state and have perused the Counter Affidavit filed by the respondent State.
7. Learned senior counsel appearing for the appellant submitted that the intention of the complainant is to falsely invoke serious allegations as against the appellant herein
The court granted anticipatory bail under Section 438 of the Code, emphasizing the need for cooperation in the investigation while addressing the validity of serious allegations.
Anticipatory bail is permissible when an individual is not implicated in final investigative reports and maintains active cooperation with authorities, especially when parity with co-accused is estab....
The main legal point established is the entitlement to anticipatory bail in connection with specific criminal offences under the IPC, subject to specified conditions.
Anticipatory bail may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
Anticipatory bail can be granted to accused keeping in view his old age and ailments.
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....
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.
The court considered the prima facie case and the requirement of accused for custodial interrogation in granting anticipatory bail to the applicants, and referred to various judgments to support its ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
