B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Tanya sharma – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. overview of the anticipatory bail application (Para 3 , 4) |
| 2. arguments for and against bail (Para 7 , 8) |
| 3. court's view on entitlement for bail (Para 9) |
| 4. conditions and order of bail granted (Para 10 , 11) |
ORDER :
2. This appeal challenges the order dated 26.11.2024 passed by the High Court of Madhya Pradesh at Gwalior in Misc. Criminal Case No. 48510 of 2024.
4. Said application for anticipatory bail having been rejected by the High Court vide impugned order dated 26.11.2024, the instant appeal has been preferred.
6. We have heard learned senior counsel for the appellant and learned counsel for the respondent-State.
8. Per contra, learned counsel for the respondent/State, with reference to his counter affidavit submitted that the main accused is in jail. However, it is necessary to interrogate the appellant herein and therefore, custodial interrogation is necessary as sexual assault has been committed on the victim. In the circumstances, there is no merit in this appeal and the same may be dismissed.
10. We, therefore, allow this appeal and set aside the order passed by the High Court dated 26.11.2024. We direct that in the event of arrest of the appellant, the Arres
Anticipatory bail may be granted if prima facie evidence is lacking, considering the nature of allegations and the accused's cooperation with the investigation.
The severity of allegations and the necessity of custodial interrogation are crucial factors in determining the grant of anticipatory bail.
Court grants anticipatory bail where evidence against the accused is primarily based on suspicion.
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.
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