Back
RAJEEV KUMAR SHRIVASTAVA
Ambika Katare – 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.388/2017 registered at Police Station Thatipur, District Gwalior (M.P.) in relation to the offence punishable under Sections 306, 120-B, 342, 330, 466, 471, 201, 302 of the IPC.
It is submitted by learned counsel for the applicant- ambika Katare that the applicant is a public servant and he is working in Police Department. The applicant is innocent. He has not committed any offence rather, he has falsely been implicated in this case. It is further submitted that the deceased has committed suicide and he was a habitual offender against whom eight criminal cases have been registered including offence under Section 11/13 of the MPDVPK act. On the alleged date of incident, during travelling deceased Shivam fled away with handcuff from the custody of police and thereafter, he committed suicide in the house of one Mahendra who was his friend. It is further submitted that in the present case, later on, a CID investigation was conducted by which the CID has drawn a conclusion that off
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Anticipatory bail under Section 438 Cr.P.C. is not maintainable in cases involving charges where a death sentence may be awarded.
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 after considering the seriousness of the charge, the applicant's cooperation in the investigation, and the overall facts and circumstances of the case.
The court emphasized that sending a person to jail should be the last resort and considered the parameters for grant of anticipatory bail, focusing on the nature and gravity of the accusation and the....
The court applied the legal provision under Section 438 of the Criminal Procedure Code, 1973, to grant anticipatory bail to the applicant based on the circumstances and material available on record.
Anticipatory bail can be granted when the allegations do not involve severe penalties, and the accused is required to cooperate with the investigation.
Grant of anticipatory bail based on the absence of material against the applicant and imposition of specific conditions for the grant of bail.
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
