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NANDITA DUBEY
Sushma – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Nandita Dubey, J. - This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail to the present applicant.
2. T h e applicant apprehends her arrest in connection with Crime No.665/2022 registered at Police Station Pathariya, District Damoh for the offences punishable under Sections 341, 324, 323, 294, 326, and 506/34 of IPC.
3. As per prosecution a complaint was lodged by the complainant that while he was returning on his motorcycle at about 09.30 pm on 27.11.2022, one Mahendra Jain and Rahul Jain stopped him on the way and assaulted him with rod. It is stated that the present applicant kicked him.
4. Learned counsel for the State has pointed out that the complainant has received injuries on hand and head, however, as per FIR it has been caused by iron rod which has been used by the co-accused Mahendra Jain, Rahul Jain and Aman Jain. There is no allegation on the present applicant of using iron rod or any stick.
5. Considering the aforesaid, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with a solvent surety i
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 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....
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Granting of anticipatory bail based on lack of criminal past and willingness to cooperate in the investigation and trial.
The court considered the absence of any overt act attributed to the applicant by the injured complainant as a key factor in granting anticipatory bail under section 438 of the Cr.P.C.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
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