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G. S. AHLUWALIA
Shyamlal Vishwaiya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.155/2022 registered at Police Station University, District Gwalior for offence under Sections 341 and 195-a of IPC.
It is submitted by counsel for the applicant that an offence in Crime No. 484/2021 has been registered against the applicant under Section 376 of IPC in Police Station University, District Gwalior (M.P.). He was granted bail by the Co-ordinate Bench of this Court by order dated 03/02/2022 passed in MCRC No.5401/2022. It appears that in order to falsely implicate the applicant, present FIR has been lodged by alleging that on 24/02/2022 at about 3.00 to 3.30 pm, she was going alongwith her husband. They were waylaid by the applicant and a threat was extended that if the matter registered under Section 376 of IPC is not compromised, then he would kill the complainant as well as her husband. It is submitted that although the alleged offence was committed on 24/02/2022 but the FIR was lodged on 20/04/2022. Further, it is clear from the certificate issued by Branch Manager LIC, Branch Da
Grant of anticipatory bail based on the possibility of false implication and the applicant's willingness to abide by stringent conditions.
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.
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
The court has the discretion to grant anticipatory bail under Section 438 of the Code of Criminal Procedure, considering the facts and circumstances of the case and the allegations made against the a....
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 based on factors such as the age of the applicant and the lack of overt act in the alleged offence.
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....
Granting of anticipatory bail based on lack of criminal antecedents and consideration of the admissibility of co-accused memorandum.
Anticipatory bail can be granted when there is insufficient evidence to warrant custodial interrogation, emphasizing the presumption of innocence and the right to personal liberty.
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