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VISHAL DHAGAT
CHANDRABHAN KALOSIYA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – This is first application under section 438 of the Code of Criminal Procedure for grant of anticipatory bail. Applicant is apprehending his arrest in connection with Crime No. 247/2022, registered at Police Station-Silwani, District-Raisen, (M. P.) for offences punishable under sections 294, 323, 354 and 506 of Indian Penal Code.
2. Learned counsel appearing for the applicant submitted that applicant was issued notice under section 41-A, Criminal Procedure Code by Police Station Silwani. He co-operated in investigation of case and after completion of investigation, notices were issued to applicant to remain present before the Court for filing of charge-sheet. Counsel for applicant submitted that trial Courts are not considering application for bail under section 439 of Code of Criminal Procedure on ground that applicants are not in police custody and in many cases, trial Courts are sending accused persons in jail. Learned counsel appearing for the applicant relied on Apex Court judgment reported in (2022) 1 SCC 676, Siddharth vs. State of U. P. and another. Para 5 of this judgment is quoted as under : –
“5. In High Court of Delhi vs. CBI, the Delhi High Court dealt with a
The main legal point established is that the applicant's apprehension of arrest was valid, and the court emphasized the importance of considering applications for bail on merits, regardless of the ac....
The power to grant Anticipatory Bail is available to the High Court and the Court of Sessions, even when cognizance is taken or a charge-sheet has been filed. The belief that the accused may be arres....
A person appearing before a court may apply for bail under S.439 of the Code, even if not in custody, as they subject themselves to the court's jurisdiction.
Anticipatory bail may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
Anticipatory bail can be granted when the applicant's role is not established and there's a lack of substantial evidence.
The seriousness of the offence under Section 395 of the IPC may warrant custodial interrogation, influencing the decision on anticipatory bail applications.
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the nature of allegations, gravity of offenses, and the role attributed to the accused, ....
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