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CHANDRA KUMAR SONGARA
Hansa Bai – Appellant
Versus
State Of Rajasthan – Respondent
ORDER
1. This anticipatory bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 38/2022 registered at Police Station Dablana, District Bundi for the offences under Sections 147, 148, 149, 341, 323, 325, 326 and 308 of IPC.
2. Learned counsel for the petitioner submits that the petitioner is a woman of 37 years of age and having a child of two and half years of age. Learned counsel further submits that there is no specific allegation against the petitioner and he has no criminal antecedents. Learned counsel further submits that the accused-party has also lodged a cross FIR No.37/2022 and interim protection from arrest has been granted to the petitioner by this Court vide order dated 20.04.2022. Hence, the anticipatory bail application of the accused-petitioner may be granted.
3. On the other hand, learned Public Prosecutor has opposed the bail application.
4. Heard learned counsel for the parties and perused the material available on record.
5. Considering the submissions made by the learned counsel for the petitioner and looking to the facts and circumstances of the case; but without expressing any opinion on the merits and demerits of the case, I deem it
The court considered the lack of specific allegations against the accused-petitioner, her lack of criminal antecedents, and the interim protection granted to her in a cross FIR as justifying the gran....
Grant of Anticipatory Bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
The main legal point established is the court's discretion to grant anticipatory bail based on the individual circumstances of the petitioner, including age and health condition.
Anticipatory bail can be granted under Section 438 Cr.P.C. when the accused is cooperative and custodial interrogation is not necessary, ensuring a balance between individual rights and the integrity....
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
The court established that anticipatory bail can be granted based on the applicant's circumstances, including residency, lack of criminal history, and the nature of the allegations, while emphasizing....
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