Back
VIVEK AGARWAL
Aman Vishwakarma – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vivek agarwal, J. - This is first bail application filed by the applicant no.1 to 6 under Section 438 of Cr.P.C for grant of anticipatory bail, who are apprehending their arrest in connection with Crime No.174/2022 registered at Police Station-Moti Nagar, District Sagar(MP) for offences punishable under Sections 452, 294, 323, 506, 34 of IPC.
Allegation on the present applicants is that they had entered into house of the complainant and had beaten mother of complainant namely Smt. Yashodha Bai who complaint of swelling on the wrist.
Learned counsel for the applicant submits that the applicants are innocent. admittedly there is an old civil dispute pending between father of the complainant namely Gajendra Singh and father of one of the accused/Raja @ Narendra Vishwakarma and on account of that enmity present applicants have been falsely implicated.
Shri Pramod Saxena, learned G.a for the respondent/State submits that in the MLC report swelling is mentioned beside some bleeding in the right wrist but no X-ray report is available in the case diary. However admits that injuries are simple in nature.
Learned counsel for the applicant submits that whole story of the prosecution is im
The court considered the nature of injuries, the pending civil dispute, and the failure of the Investigating Officer to issue notice under section 41a Cr.P.C in reaching its decision on the anticipat....
The main legal point established is the careful exercise of discretion in granting anticipatory bail, emphasizing the principles of not misusing liberty and considering the consequences of arrest.
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 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 suspicious nature of the prosecution story and the claim of innocence by the applicant's counsel.
The court reaffirmed that anticipatory bail can be granted in serious offences unless specifically excluded by law, and that the discretion to grant bail must consider the individual circumstances of....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
