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SUBRAMONIUM PRASAD
Kala Ram @kamlesh And Other – Appellant
Versus
State And Other – Respondent
JUDGMENT
Subramonium Prasad, J. - This application under Section 438 Cr.P.C. is for grant of bail to the petitioner in the event of arrest in FIR No. 240/2021 dated 07.07.2021, registered in Police Station D.B.G. Road for offences punishable under Sections 392/34 IPC.
2. Shorn of details, the facts, leading to the instant bail application, are as under:
a) The instant FIR has been registered on the complaint of one - Chintu Gupta S/o of Sh. Ram Gopal Gupta, who states that he has been working as a cash delivery boy with one - Sunil Harjai. It is stated that the complainant was engaged by another person namely Nitesh Jain, who is known to Sunil Harjai. It is stated that on 07.07.2021 at about 11:30 AM, he got a call from Nitesh Jain to collect a sum of Rs. 32.5 lacs from one - Tonu Modi's having its office at C-45/5, 1st Floor, Lawrence Road Industrial Area, Delhi. It is stated that as per the instructions from Nitesh Jain, the complainant collected the said amount of money from the said address and kept it in a bag while he was going towards his destination near a Jeevan Mala Hospital, New Rohtak Road, Delhi. It is stated that two persons came on a Red & Black Coloured TVS scooty with
The seriousness of the offence, the likelihood of absconding, and the petitioner's antecedents are crucial factors in determining eligibility for anticipatory bail.
The court emphasized the need to balance individual liberty with the interests of society and highlighted the importance of carefully evaluating the facts of the case before granting anticipatory bai....
The main legal point established is the careful consideration of the nature of accusations, antecedents of the accused, and the possibility of tampering with witnesses in granting anticipatory bail.
The discretion for granting anticipatory bail should be exercised with care and circumspection, and the nature and gravity of the accusation, the antecedents of the applicant, and the possibility of ....
The main legal point established is the need to balance the protection of personal liberty with the requirements of the investigation when considering a request for anticipatory bail.
The seriousness of the offences, the accused's active involvement, and the likelihood of the accused repeating the offence if released are crucial factors in determining bail applications.
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