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MANOJ KUMAR GARG
Mridu Bagadia – Appellant
Versus
State – Respondent
JUDGMENT
Manoj Kumar Garg, J. - This anticipatory bail application under Section 438 Cr.P.C. has been filed by the petitioners apprehending their arrest in connection with FIR No. 05/2022, Police Station Mahila Thana, district Bikaner for the offences under Sections 498-A, 406 and 323 IPC.
2. Learned counsel for the petitioners submits that petitioners are father-in-law and mother-in-law of the complainant and no specific averment has been made in the complaint as well as in the statement under Section 161 Cr.P.C. It is argued that the complainant has alleged that she received injuries on her back whereas, no injury report was prepared at the relevant time. He further submits that specific allegation has been levelled against the husband and similarly situated co-accused i.e. sister-in-law of the complainant has already been granted bail by this Court. It is also argued that both the petitioners are in their old age and not keeping good health, therefore, the petitioners maybe enlarged on anticipatory bail. Learned counsel for the petitioners placed reliance on the order of Delhi High Court in the case of K. Surajit Kaur Chopra v. N.C.T. of Delhi, order of Andhra Pradesh High Court i
The main legal point established in the judgment is the exercise of discretion in granting anticipatory bail based on the specific allegations and individual circumstances of the petitioners.
Anticipatory bail can be granted if there are no specific allegations against the applicant, ensuring the right to a fair trial and evidentiary support for accusations.
Anticipatory bail granted under Section 438 Cr.P.C. when petitioners have no criminal antecedents and face only general allegations without medical evidence.
It does not lay down that the anticipatory bail has to be given, irrespective of the role attributable to an accused in the commission of the offence.
Anticipatory bail can be granted under Section 438 when allegations do not warrant preemptive detention, provided conditions to protect ongoing investigations are set.
Anticipatory bail can be granted in serious allegations, balancing the gravity of charges with the rights of the accused under specific conditions.
Entitlement to anticipatory bail based on specific allegations of harassment and illegal demands.
Mere non-recovery of disputed dowry articles and lack of requirement for further investigation can be considered in granting anticipatory bail in domestic violence cases.
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