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ANAND PATHAK
NARENDRA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER/JUDGMENT : – Shri Rajiv Sharma, learned counsel for the applicant.
Shri P.P.S. Bajeeta, learned PP for the respondent/State.
Shri B. S. Gour, learned counsel for the complainant.
2. The applicant has filed this first application filed under section 438, Criminal Procedure Code for grant of anticipatory bail. Applicant is apprehending his arrest in connection with Crime No. 274/2018 registered at police Station, Mehgaon, Distt. Bhind, for the offence punishable under sections 323, 294, 506, 325, 394 of Indian Penal Code and section 11/13 of MPDVPK Act.
3. It is the submission of learned counsel for the applicant that the applicant is apprehending his arrest on the basis of registration of offences referred above. It is the submission of learned counsel for the applicant that initially case was registered in the year 2018 against four persons including the present applicant. Thereafter charge-sheet was filed against only one accused, namely, Ranjeet Singh and against the applicant and two other persons no case was found to be made out. However, Court of Magistrate refused to accept the said charge-sheet and directed to police to file the charge sheet before Special Court (speci
The central legal point established in the judgment is the granting of anticipatory bail based on the lack of incriminating material and potential interference in the applicant's personal liberty.
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 a court should exercise discretion in anticipatory bail by weighing the nature of accusations against the applicant's antecedents and the likelihood of flight, while abstai....
The court considered the prima facie case and the requirement of accused for custodial interrogation in granting anticipatory bail to the applicants, and referred to various judgments to support its ....
Anticipatory bail is granted by evaluating the nature of the offence, the applicant's lack of prior criminal records, the absence of necessity for custodial interrogation, and the assurance that the ....
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