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SUBODH ABHYANKAR
Bane Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh abhyankar, J. - They are heard. Perused the case diary / challan papers. This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is apprehending his / her arrest in connection with Crime No.24/2022 registered at Police Station Jeerapur, District Rajgarh (MP) for offence punishable under Sections 498-a, 326 and 34 of the Indian Penal Code, 1860 (as well as Sections 304-B and 302 of IPC, added after investigation).
The allegation against the applicant is that he was also involved in the aforesaid offence wherein the deceased Sona Dangi W/o Suraj Dangi died due to burn injuries on account of the incident which took place on 19.11.2021.
It is alleged that the present applicant who happens to be the uncle of husband of the deceased as also the husband and his family members poured boiling water on her lower limb. as a result of which, she died on 27.01.2022. Her dying declaration was also recorded on 10.01.2022 and the First Information Report (FIR) was lodged on 15.01.2022.
Counsel for the applicant has submitted that the applicant has been falsely implicated in the case as he is a res
The main legal point established in the judgment is the court's discretion in granting anticipatory bail based on the necessity of custodial interrogation and the willingness of the applicant to coop....
The main legal point established in the judgment is the court's discretion to grant anticipatory bail under Section 438 of the Criminal Procedure Code, 1973, based on the circumstances of the case an....
The court's decision to grant anticipatory bail was based on the lack of necessity for custodial interrogation and the applicants' willingness to cooperate, in accordance with the provisions of Secti....
Anticipatory bail can be granted if there are no specific allegations against the applicant, ensuring the right to a fair trial and evidentiary support for accusations.
The absence of injury marks in the postmortem report and the lack of commenting upon the merits of the case were crucial in granting anticipatory bail to the applicant.
Prima facie evidence of abetment of suicide is necessary to deny anticipatory bail to the applicants.
The absence of necessity for custodial interrogation and the no objection filed by the prosecutrix can influence the grant of anticipatory bail in cases of serious allegations.
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.
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