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IN THE HIGH COURT OF MADHYA PRADESH
Vishal Dhagat, J.
Atul Paraste – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 59852 of 2022
Decided On : 19-12-2022
Anticipatory Bail - Criminal Procedure - The court granted anticipatory bail to the applicant, considering the false allegation made against the applicant and the existence of a dispute between the parties. The applicant was ordered to cooperate in the investigation and trial of the case and to appear before the Investigating Officer and trial Court as required.
Fact of the Case:
The applicant sought anticipatory bail in connection with a case registered for offences under Sections 294, 323, 327, 506, 34 of IPC. The applicant was apprehending arrest and claimed that false allegations were made against him for demanding money to drink liquor. The applicant also lodged a counter case against the complainant party.
Finding of the Court:
The court allowed the application for grant of anticipatory bail, considering the applicant as a first offender with no criminal record and the existence of a dispute between the parties.
Issues: The main issue was the grant of anticipatory bail to the applicant in connection with the alleged offences.
Ratio Decidendi: The court considered the false allegations and the existence of a dispute between the parties in granting anticipatory bail to the applicant.
Final Decision: The court granted anticipatory bail to the applicant on the condition that the applicant shall cooperate in the investigation/trial of the case and appear before the Investigating Officer/trial Court as required, and abide by the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.
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 number and the offence, on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of t h e Investigating Officer/Arresting Authority, applicant shall be released on anticipatory bail on condition that applicants will cooperate in investigation/trial of the case and will appear before Investigating Officer/trial Court, as and when required.
9 . Applicant will further abide by the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.
Certified copy as per rules.
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....
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