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VIJAY KUMAR SHUKLA
Prahlad – Appellant
Versus
State of Madhya Pradesh Station – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - These are the first application of the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail in connection with Crime No.434/2021 registered at Police Station: Taal, Ratlam for the offences under Sections 420 of the IPC, 339-C of the MP Municipalities act.
as per prosecution story, the allegation against the applicants are that they committed fraud with the complainant and has diverted the plots and has undertaken the work of the colonizer.
Learned counsel for the applicants submits that he has not carried out any work contrary to the conditions of the license granted to him. It is further submitted that the decision passed by the apex Court in the case of arnesh Kumar Vs. State of Bihar and others reported in (2014) 8 SCC 273 has also not been followed.
Learned counsel for the respondent/state has opposed the prayer and submits that the allegation against the applicants are that they have diverted the plots without there being any authority of law.
Taking into consideration the totality of the facts of the case, I am of the view that there is no material against the present applicant, therefore, the applicant is entitled for grant of an
Grant of anticipatory bail based on the absence of material against the applicant and imposition of specific conditions for the grant of bail.
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 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 main legal point established is that the police should resort to arrest only when necessary and the accused fails to cooperate in the investigation, as per the principle laid down in arnesh Kumar....
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.
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
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.
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