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RANJAN SHARMA
Anil Kumar Sood – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
RANJAN SHARMA, J.
1. Three bail petitioners (namely, Anil Kumar Sood, Shivam Sood and Govind Singh and another employee, namely Bobby, who belonged to SC category) have come up before this Court seeking regular bail, under Sections 439 of the Code of Criminal Procedure originating from F.I.R. No. 19 of 2024, dated 12.02.2024 registered with Police Station Sadar, Shimla for offences under Sections 354, 506, 509 read with Section 34 IPC and Section 3(1) (r) and Section 3(1) (w) (i) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The case of the four bail petitioners, namely, Anil Kumar Sood in Cr. M.P. (M) No. 240 of 2024, Shivam Sood in Cr. M.P. (M) No. 241 of 2024, Govind Singh in Cr. MP (M) No. 245 of 2024 and Ms Bobby in Cr. M.P. (M) No. 240 of 2024, as set up by them, is that on 30.01.2024, one lady, referred to as complainant ‘X’ alongwith her daughter came to the shop of the bail petitioners, namely, Arun Kumar Sood and Shivam Sood in which Govind Singh and Ms Bobby were employees, at about 3.30-4.00 p.m. It is averred that on reaching the shop, the complainant ‘X’ as referred to above, abused the petitioners and another employ
The main legal point established is that anticipatory bail is to be granted in exceptional cases where the accusation is frivolous or groundless, and the court must consider the nature of the accusat....
The main legal point established is that bail should be granted when no prima facie or reasonable grounds exist, and the nature of the crime is a crucial factor in considering bail applications.
The main legal point established in the judgment is that bail is a rule and jail is an exception, and the power under Section 438 of CrPC is to be exercised sparingly. The court emphasized the import....
Anticipatory bail is an exceptional relief to be granted sparingly, considering the nature of the accusations and the balance between individual liberty and societal interests.
The main legal point established in the judgment is that the authenticity and timing of allegations, specificity of the allegations, and presence of independent witnesses are crucial factors in deter....
(1) Anticipatory bail application is maintainable in SC/ST Act offences in a given case.(2) In matter of grant of anticipatory bail there is no distinction whether a person apprehends arrest at hands....
Anticipatory bail can be granted despite statutory bars if allegations do not establish a prima facie case under the relevant act.
Section 18 bar on anticipatory bail under SC/ST Act applies only where prima facie offence of caste-based humiliation in public view established; absent specific allegations against family members, b....
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