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SUNITA YADAV
Premnarayan Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sunita Yadav, J. - The applicant has filed this First application u/S 438, Cr.P.C. for grant of anticipatory bail.
2. The applicant is apprehending his arrest in connection with crime No. 24/2022 registered at Police Station Bairad, District Shivpuri for the offence punishable under Section 409, 420, 120-B of IPC.
3. Allegation against the present applicant - accused is that he along with other co-accused persons committed cheating of Rs. 5,00,000/- with the complainant.
4. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the Branch Manager and the amount has not been transferred into his account. He further argued that an amount of Rs. 5,00,000/- was transferred to the account of co-accused Deepak Sharma and he has returned the said amount vide cheque bearing No. 28633 dated 27/12/2019. The applicant has no criminal antecedents. The applicant is permanent resident of District Shivpuri (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of anticipatory bail.
5. On the other hand,
The main legal point established in the judgment is the court's discretion in granting anticipatory bail based on the overall facts and circumstances of the case and the likelihood of the applicant's....
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 main legal point established is that the custodial interrogation for anticipatory bail may not be necessary if the allegations are related to a banking transaction and if the co-accused has alrea....
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
The court established that anticipatory bail can be granted even in cases involving serious allegations if the circumstances do not warrant custodial interrogation and the accused demonstrate a willi....
Provisional bail can be granted subject to conditions including repayment to the victim in embezzlement cases.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
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