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VISHAL DHAGAT
Mehantri Yahake – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Dhagat, J. - These are the first bail applications filed on behalf of the applicants/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as they are under apprehension of their arrest, in connection with Crime No.464/2022, registered at Police Station Lakhnadon, District Seoni (M.P.) for the offences punishable under Sections 294, 323, 506, 353, 332, 147, 148, 149, 151, 152, 336 and 427 of Indian Penal Code.
2. Learned counsel appearing for the applicants submitted that applicants are women aged about 38 and 50 years. It is further submitted that applicants were not part of the mob which has blocked public road. Applicants have falsely been implicated in the case. Offences are punishable with maximum sentence of 3 years. It is submitted that applicants will not abscond from law and will co-operate in investigation of the case. In these circumstances, it is prayed that applicants be released on anticipatory bail.
3. Learned Govt. Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicants had blocked public way. Blocking public way is not in any way protest in democracy. Said act influence the public a
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
The court considered the lack of specific allegations against the accused-petitioner, her lack of criminal antecedents, and the interim protection granted to her in a cross FIR as justifying the gran....
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's decision to grant anticipatory bail was based on the lack of necessity for custodial interrogation and the applicants' willingness to cooperate, in accordance with the provisions of Secti....
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.
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 main legal point established is the court's discretion to grant anticipatory bail based on the individual circumstances of the petitioner, including age and health condition.
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