Back
VISHAL DHAGAT
Atul Paraste – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Dhagat, J. - This is first application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
2. Applicant is apprehending his arrest in connection with Crime No.511/2022, registered at Police Station-Samnapur District-Dindori (M.P.) for offences punishable under Sections 294, 323, 327, 506, 34 of IPC.
3 . Learned counsel appearing for the applicant submitted that false allegation is made out against applicant for demand of money to drink liquor. It is submitted that a counter case has also been lodged by applicant against complainant party. It is submitted that there is dispute between parties. Offence under Section 327 of IPC is alleged so that applicant may not get bail. In these circumstances, prayer is made that applicant may be released on anticipatory bail.
4. Government Advocate appearing for the State opposed the application for bail.
5. Heard the counsel for the parties.
6. Applicant is the first offender with no criminal record.
7. Considering aforesaid facts and circumstances of the case, application for grant of anticipatory bail is allowed.
8. It is ordered that in the event of arrest of applicant in connection with aforesaid crime
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.
The court may grant anticipatory bail after considering the seriousness of the charge, the applicant's cooperation in the investigation, and the overall facts and circumstances of the case.
Anticipatory bail may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the facts and circumstances of the case, without expressing any opinion on the merits of....
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 under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
