IN THE HIGH COURT OF MADHYA PRADESH
Nandita Dubey, J.
Kailash Prasad Mishra – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61271 of 2022
Decided On : 26-12-2022
Anticipatory Bail - Assault - The court granted anticipatory bail to the applicant under Section 438 of Cr.P.C. in connection with a case involving offences punishable under Sections 341, 294, 323, 327, 427, 506/34 and 329 of IPC. The applicant was directed to comply with specific conditions upon release.
Fact of the Case:
The applicant filed for anticipatory bail apprehending arrest in connection with a case involving offences under IPC. The applicant had been released on bail earlier, but additional charges were later added, leading to the present bail application.
Finding of the Court:
The court allowed the application, directing the release of the applicant on bail upon compliance with specified conditions. The court considered the absence of misuse of bail and the undertaking of the applicant not to influence witnesses.
Issues: Apprehension of arrest in connection with added charges, compliance with bail conditions, and non-misuse of bail.
Ratio Decidendi: The court's decision was influenced by the absence of misuse of bail, the undertaking of the applicant, and the specific conditions imposed for the grant of anticipatory bail.
Final Decision: The court allowed the application and directed the release of the applicant on bail upon compliance with specified conditions.
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 enlarged on anticipatory bail.
6. Learned counsel for the State fairly submits that the applicant has not misused the bail granted to him.
7. Considering the aforesaid, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Arresting Officer.
8. This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2 . The applicant will make himself available as and when called for interrogation and cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant will not seek unnecessary adjournments during trial;
5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
6. If the applicant commit any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.
Certified copy as per rules.
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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