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SUSHRUT ARVIND DHARMADHIKARI
Pritam Saket – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sushrut arvind Dharmadhikari, J. - Heard learned counsel for the parties.
Case diary perused.
This is the first application under Section 438 of the Code of Criminal Procedure filed by the applicant for grant of anticipatory bail.
applicant apprehends arrest in connection with Crime No.14/2021 registered at Police Station Naigarhi, District Rewa (M.P.) for the offences punishable under Sections 294, 307, 332, 353, 427, 147, 148, 149, 333 of IPC.
allegation against the applicant and co-accused persons in short is that on 15/01/2021 police had conducted raid on the information that some people are transporting country made liquor. During raid, applicant and other co-accused persons attacked the police personnel, due to which they received injuries. On the aforesaid basis, crime has been registered.
Learned Counsel for the applicant submits that the applicant is aged about 25 years and has been falsely implicated in the case. The name of the applicant did not figure in the FIR initially but at the time of filing of charge sheet, the name of the applicant has been roped in. The applicant has no criminal past. No liquor has been seized from the possession of the applicant. There is n
The main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the facts and circumstances of the case, without expressing any opinion on the merits of....
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
The court's decision to grant anticipatory bail was influenced by the lack of criminal antecedents, the nature of the allegation, and the facts and circumstances of the case.
Anticipatory bail should be denied when the accused has a history of similar offenses, as it poses a risk of tampering with evidence and undermines the investigation.
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.
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 main legal point established in the judgment is the grant of anticipatory bail in connection with possession of unauthorized liquor under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.
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