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RAJENDRA KUMAR VERMA
Jay Narayan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajendra Kumar (Verma), J. - This is first application under Section 438 of Criminal Procedure Code, 1973, filed by the applicant for grant of anticipatory bail during trial.
2. T h e applicant is apprehending his arrest in connection with Crime No.393/2022 registered at Police Station Kakanwani, District- Jhabua, for offence under Sections 376 and 506, 1860.
3. As per the prosecution Story, the allegations against the applicant is that he has committed rape upon the prosecutrix, hence, the case was registered against him. by the police.
4. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present crime. The applicant has no criminal antecedents. It is further submitted that the applicant has not committed any offence and there was some dispute between the prosecutrix and the applicant regarding some financial transactions. It is further submitted that the prosecutrix is aged about 54 years and she has implicate the applicant falsely. There is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready to co-operate with the investigation. On the aforesaid grounds, the ap
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 based on the suspicious nature of the prosecution story and the claim of innocence by the applicant's counsel.
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 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 consensual nature of a relationship and the potential impact of granting anticipatory bail on the investigation were central to the court's decision.
The court's decision was based on the consideration that the offences were not punishable with death or imprisonment for life, and the conditions imposed to address the apprehension of absconding or ....
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 consideration of false allegations and the existence of a dispute between the parties.
The court established that anticipatory bail can be granted based on the applicant's circumstances, including residency, lack of criminal history, and the nature of the allegations, while emphasizing....
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