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RAJEEV KUMAR SHRIVASTAVA
Mahendra Pratap Singh Bhadouria – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajeev Kumar Shrivastava, J. - The applicant has filed this first application under Section 438 of Cr.P.C. for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.145/2022 registered at Police Station Maharajpura, District Gwalior (M.P.) in relation to the offence punishable under Sections 420 and 34 of the IPC.
It is submitted by learned counsel for the applicant- Mahendra Pratap Singh Bhadouriya that the applicant has not committed any offence. He has falsely been implicated in this case. applicant is aged around 77 years. He has executed one power of attorney in the name of Virendra Singh Sikarwar to sale out the plot in the year 2012. Thereafter, continuously the complainant of this case was in possession of said plot and in the year 2022, false FIR has been lodged. There is no overt act on the part of the present applicant. It is also submitted that there was no any earlier complaint was made against the applicant with regard to commission of offence under Section 420 of IPC. Trial will take its own time. Hence, considering the aforesaid facts of the case along with age of the applicant, learned counsel prays for grant of anticipat
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 may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Grant of anticipatory bail based on the absence of material against the applicant and imposition of specific conditions for the grant of bail.
The court considered the lack of evidence supporting the serious nature of the alleged injuries and the finding that the ingredients of Section 307 of the IPC were not made out against the applicant ....
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 in the interest of justice, considering the arguments of the parties and the circumstances of the case.
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