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NANDITA DUBEY
Kailash Prasad Mishra – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Nandita Dubey, J. - This is first application under Section 438 of Cr.P.C. for grant of anticipatory bail to the present applicant.
2. The applicant apprehends his arrest in connection with Crime No.379/2018 registered at Police Station Semariya, District Rewa for the offences punishable under Sections 341, 294, 323, 327, 427, 506/34 and 329 of IPC.
3. Earlier the applicant was released on bail by order dated 14.10.2019, however, later on Sections 325 and 329 of IPC has been added. Under these circumstances, he has filed present bail application for anticipatory bail.
4. It is stated that only allegation against the applicant is that he assaulted Dherendra Singh with lathi. However, Challan was filed on 29.10.2019 after which Section 325 and 329 of IPC was added.
5. It is alleged that fracture has been caused by the present applicant on the left hand of Dherendra Singh, which is also corroborated with allegation made in the FIR.Learned counsel for the applicant submits that earlier the applicant was enlarged on bail on 14.10.2019. Charge sheet has been filed. His custody is no more required. He undertakes not to influence the witnesses, under these circumstances he may be enlar
The court's decision to grant anticipatory bail was influenced by the absence of misuse of bail, the undertaking of the applicant, and the specific conditions imposed for the grant of anticipatory ba....
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
The court's decision was influenced by the timing of the incident, the filing of the FIR, and the applicant's willingness to cooperate in the investigation in granting anticipatory bail.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments presented.
The court's decision to grant anticipatory bail was influenced by the specific allegations against the applicant and the absence of accusation regarding the use of a weapon in the assault case.
The right to bail is fundamental, with courts required to ensure freedom from arrest unless exceptional circumstances justify denial, especially given the initial bailable nature of the alleged offen....
Point of law: Grant of Anticipatory bail - Nature & gravity of the offence, role of the present applicant and the allegations levelled against the applicant and the punishment for the aforesaid offen....
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