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RAJEEV KUMAR SHRIVASTAVA
Vikash Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. filing of anticipatory bail application. (Para 1 , 2 , 3) |
| 2. arguments for and against bail. (Para 4 , 5) |
| 3. court's analysis and decision basis. (Para 6) |
JUDGMENT
Rajeev Kumar Shrivastava, J. - Documents filed vide I.a.No.6796/2022 are taken on record. I.a.No.6785/2022, an application under Section 301(2) of CrPC filed by the complainant, is taken up, considered and allowed for the reasons mentioned therein.
The applicant has filed this first application under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant.
The applicant apprehends his arrest in connection with Crime No.202/2022 registered at Police Station Inderganj, District Gwalior (M.P.) in relation to the offence punishable under Sections 3 04-B, 498-a, 34 of the IPC and Section 3 , 4 of the Dowry Prohibition act.
It is submitted by learned counsel for the applicant- Vikash Sharma that the applicant has not committed any offence. He has falsely been implicated in this case. It is further submitted that the applicant is the husband of the deceased and the deceased committed suicide by hanging. at the time of incident, the applicant went on morning walk and when he returned, he saw that his w
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 facts and circumstances of the case and the conditions specified in Section 438 of Cr.P.C.
Abatement of suicide - since the applicant was engaged to the deceased Jamuna Yadav and she was not married and was even pregnant on the date of committing suicide, therefore, offence has been regist....
The court considered the compromise between the parties, the affidavit from the deceased's father, and the similarity to a co-accused who was granted anticipatory bail as influential factors in grant....
It does not lay down that the anticipatory bail has to be given, irrespective of the role attributable to an accused in the commission of the offence.
Anticipatory bail under Section 438 Cr.P.C. requires a careful assessment of the facts and circumstances, particularly in cases involving dowry allegations, where the safety of the complainant and th....
The lack of proof regarding the return of dowry articles and the apprehension expressed by the complainant influenced the court's decision to reject the anticipatory bail application.
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