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VIVEK AGARWAL
Shravan Kumar Chouhan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vivek agarwal, J. - This is first application under Section 438 of the Cr.P.C. for grant of anticipatory bail who is apprehending his arrest in connection with case Crime No.361/2021 registered at Police Station Badi, District Raisen (M.P.) for offences punishable under Sections 307, 323, 294 and 506/34 of I.P.C.
Learned counsel for the applicant submits that applicant is aged about 79 years as is reflected from his Election ID Card in which year of birth is shown as 1943.
It is submitted that main accused is Mahendra Singh Chouhan who is son of the present applicant, against whom there are allegations of causing injuries on the head of Shalabh Shrivastava whereas applicant has been falsely implicated with a view to implicate all the male members of the family. It is submitted that looking to the age of the present applicant it is not possible to cause such kind of flows as have been attributed to him.
It is further submitted that in fact a land dispute has been converted into a criminal case with a view to extract advantage. In fact, wife of the present applicant who was abused and beaten for which she lodged FIR registering case Crime No.0363/2021 under Sections 294, 323, 50
The court considered the lack of evidence supporting the serious nature of the alleged injuries and the finding that the ingredients of Section 307 of the IPC were not made out against the applicant ....
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 after considering the seriousness of the charge, the applicant's cooperation in the investigation, and the overall facts and circumstances of the case.
Anticipatory bail can be granted under Section 438 Cr.P.C. when the petitioner demonstrates a lack of criminal history and the circumstances do not warrant immediate arrest.
The court considered the nature of injuries, the pending civil dispute, and the failure of the Investigating Officer to issue notice under section 41a Cr.P.C in reaching its decision on the anticipat....
The court held anticipatory bail application maintainable as penal provisions added post-incident cannot retrospectively deny rights, but the serious nature of the allegations warranted denial of bai....
The court's decision to grant anticipatory bail was influenced by the absence of misuse of bail, the undertaking of the applicant, and the specific conditions imposed for the grant of anticipatory ba....
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
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