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PRANAY VERMA
Bargat – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual summary of the case and allegations (Para 1 , 4 , 5) |
| 2. arguments for and against bail application (Para 2 , 6 , 7) |
| 3. court's reasoning for granting bail (Para 3 , 8 , 9) |
| 4. conditions for bail granted (Para 10 , 11) |
| 5. final conclusion of the case (Para 12) |
JUDGMENT
Pranay Verma, J. - They are heard. Perused the case dairy/challan papers.
2. Learned counsel for the applicant prays for withdrawal of the application in respect of applicant No.2 Krishna S/o. Bargat Neherta with liberty for him to surrender and seek regular bail.
3. Prayer is allowed and the application is dismissed as withdrawn in respect of applicant No.2.
4. This is first bail application filed by the applicant No.1 under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant No.1 is apprehending his arrest in connection with Crime No.574/2022, registered at Police Station Raipuria, Jhabua for the offences punishable under Section 294 , 323, 506, 34 and 307 of IPC.
5. As per the prosecution, on 6.11.2022, at about 4.00 PM the complainant Asharam along with his father Shankar and mother Bhawribai were on their field when co-accused Krishna, the applicant No.1 and Shivraj came over the
The absence of allegations of any overt act against the applicant and willingness to cooperate in the investigation are key factors in granting anticipatory bail.
The court considered the nature of injuries, the pending civil dispute, and the failure of the Investigating Officer to issue notice under section 41a Cr.P.C in reaching its decision on the anticipat....
Anticipatory bail can be granted if the applicant demonstrates innocence and absence of criminal intent, subject to conditions ensuring cooperation with the investigation.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
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