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G. S. AHLUWALIA
Saurav – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.367/2019 registered at Police Station Padav Distt. Gwalior for offence under Section 379 of I.P.C.
It is submitted by the Counsel for the applicant, that according to the prosecution case on 14.07.2019, the complainant had parked his motorcycle outside railway station. When he returned, he found that three persons after breaking open the lock of motorcycle, were taking away the same. Co-accused Satish Rajawat was apprehended on the spot and the motorcycle was also recovered from his possessions. However, the applicant has been made accused on the basis of memorandum given by the co-accused Satish Rajawat. although offence was registered about two and half years back, but the applicant was not aware of the same. He was not absconding from the clutches of the investigating agency. Memorandum of a co-accused is not admissible under Section 25/26 of the Evidence act.
The applicant is ready and willing to cooperate with the investigation. Trial is likely to take sufficiently long time and there is no
Granting of anticipatory bail based on lack of criminal antecedents and consideration of the admissibility of co-accused memorandum.
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.
Grant of anticipatory bail based on the possibility of false implication and the applicant's willingness to abide by stringent conditions.
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 may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
The main legal point established is that the applicant's apprehension of arrest was valid, and the court emphasized the importance of considering applications for bail on merits, regardless of the ac....
The seriousness of the offence, the likelihood of absconding, and the petitioner's antecedents are crucial factors in determining eligibility for anticipatory bail.
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