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VIVEK SINGH THAKUR
Freed – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. introduction and historical context of anticipatory bail (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. rights and principles governing anticipatory bail (Para 8 , 17 , 18) |
| 3. judicial precedents and interpretation of anticipatory bail provisions (Para 10 , 12 , 13 , 14) |
| 4. factual circumstances and injuries related to the case (Para 22 , 23 , 24 , 25 , 26) |
| 5. arguments presented by the petitioners and their defenses (Para 38 , 40 , 41 , 44 , 46) |
| 6. court's conclusions and reasoning for bail decisions (Para 49 , 50 , 55 , 60) |
JUDGMENT
Vivek Singh Thakur, J. - These bail applications, filed by petitioners under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), seeking anticipatory bail, apprehending their arrest, in case FIR No.78 of 2020, dated 22.6.2020, registered, under Sections 147 , 148, 149, 323, 307 & 341 of the INDIAN PENAL CODE , in Police Station Majra, District Sirmour, Himachal Pradesh, adjudicated on the basis of common record and submissions, are being decided together by this common judgment.
2. Section 438 of the Cr.P.C, as existing on date, reads as under:
"438. Direction for grant of bail to person apprehending arrest. - (1)
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