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RAJEEV KUMAR DUBEY
JAGDISH S/o LAXMISHANKAR DUBEY – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – At the outset, learned counsel for the applicants wants to withdraw this M.Cr.C. so far as it relates to applicant No. 1 Jagdish Dubey s/o Laxmishankar Dubey
2. Prayer is allowed.
3. Accordingly, this application filed on behalf of the applicant No. 1 Jagdish Dubey s/o Laxmishankar Dubey is dismissed as withdrawn.
4. Heard with the aid of case diary.
5. This is first application under section 438 of the Criminal Procedure Code for grant of anticipatory bail. Applicant No. 2 Rahul Dubey apprehends his arrest in connection with Crime No. 39/2022 registered at Police Station Garhakota, District Sagar for the offence punishable under sections 363, 366-A, 376, 376(2)(n) of the Indian Penal Code and section 5(l)/6 of POCSO Act.
6. As per prosecution case, in the month of January, 2022 co-accused Pankaj Dubey took the prosecutrix who was minor to Tikotoriya temple. Thereafter co-accused Pankaj took the prosecutrix to village Bannad where he kept her from where father of the prosecutrix took her to his house. On 25-1-2022 co-accused Pankaj Dubey and Jagdish Dubey again took the prosecutrix and kept her in a house where co-accused Pankaj Dubey committed rape with her.
7. Learned c
Grant of anticipatory bail based on absence of allegations, lack of criminal past, and willingness to cooperate in the investigation and trial.
The central legal point established in the judgment is the consideration of the necessity for custodial interrogation and the willingness of the applicant to cooperate with the investigation in grant....
The absence of necessity for custodial interrogation and the no objection filed by the prosecutrix can influence the grant of anticipatory bail in cases of serious allegations.
Grant of anticipatory bail based on the absence of criminal antecedents, the applicant's background, and the undertaking to not pressurize the prosecutrix or witnesses.
The court has the discretion to grant anticipatory bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Credibility of allegations, witness testimony, and medical evidence are crucial in determining the grant of anticipatory bail in cases of serious offenses like rape.
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