Back
VISHAL MISHRA
Jittu @ Umesh Kumar Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Mishra, J. - This is first application under Section 438 of CrPC for grant of anticipatory bail.
The applicant apprehends his arrest in Crime No.635/2021 registered by Police Station-Prithvipur, District-Nevadi (M.P.) for offence punishable under Section 34(2) of the Excise act.
It is submitted that the applicant is innocent and has falsely been implicated in the case. He has not committed any offence in any manner. There is no recovery shown from the present applicant. He has involved in the case only on the basis of memorandum of Section 27 of Cr.P.C. of other co-accused persons. The other co-accused are already in custody. The notice under Section 41-a of the Cr.P.C. has been issued to the applicant and he was directed to appear before the trial court. The document is attached with the case diary. applicant is a first offender aged about 29 years prays for grant of anticipatory bail. He has placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Satender Kumar antil vs Central Bureau Of Investigation special petition no.5191/2021 decided on 28 July, 2021 wherein, Hon'ble Supreme Court considering the category and types of offences and al
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.
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
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 court's decision was influenced by the timing of the incident, the filing of the FIR, and the applicant's willingness to cooperate in the investigation in granting anticipatory bail.
applicant is not entitled for anticipatory bail on the ground that applicant was not only declared proclaimed offender under Section 82 Cr.P.C. but proclamation of attachment of property was also iss....
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.
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
