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ANAND PATHAK
Kamlesh Sahu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anand Pathak, J. - This is the first application under Section 438 of the Cr.P.C filed by the applicant who is apprehending his arrest in connection with Crime No.139/2022 registered at Police Station- Girjoura, District-Gwalior, for the offences punishable under Sections 354, 456, 34 IPC and added Sections 376 & 511 of the IPC.
2. It is the submission of learned counsel for the applicant that applicant is an old man aged 55 years apprehending his arrest on the basis of registration of a false case against him. It is further submitted that earlier tractor-trolley of applicant was stolen by somebody and case was registered at the instance of applicant vide Crime No.83/2022 on 01.07.2022. During investigation, applicant raised apprehension about alleged role of complainant side in causing theft of tractor, therefore, case was registered against the complainant side also alongwith other accused persons for offence under Section 379 of the IPC. In retaliation thereof, complainant side tried to hurt the present applicant and other co-accused Ramkishan Sahu, on which, case under Section 307 of the IPC was registered vide Crime No.140/2022 on 25.10.2022 at 7:00 am against husband o
The court may grant anticipatory bail based on the absence of the applicant's name in the FIR, lack of criminal record, and the nature of allegations against the applicant, while imposing stringent c....
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Granting bail based on the improbable nature of the allegations, the medical report, and the applicant's undertaking to cooperate in the trial and investigation.
Grant of anticipatory bail based on the possibility of false implication and the applicant's willingness to abide by stringent conditions.
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 may grant anticipatory bail based on factors such as the age of the applicant and the lack of overt act in the alleged offence.
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....
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