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G. S. AHLUWALIA
Meena Kushwah – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This first application under Section 438 of CrPC has been filed for grant of anticipatory bail.
The applicants apprehend their arrest in connection with Crime No.378/2021 registered at Police Station - Hazira, District Gwalior for offence punishable under Sections 323, 294, 506, 34 and 326 of IPC.
It is submitted by Counsel for the applicants that according to the prosecution case, the dispute arose on the question of dumping waste material. It is alleged that applicants started abusing the complainant party and later on the co-accused arun came on the spot and assaulted on the head of Sandeep Singh by means of an iron hammer. There are no allegations of any overt act of making an assault against the applicant No.1-Smt. Meena Kushwah.
In view of the allegations that applicants No.2 & 3 assaulted Rajendra and Suman, Counsel for applicants submits that he may be permitted to withdraw this application in respect of applicants No.2 & 3 but the bail application for grant of anticipatory bail filed on behalf of applicant No.1 may be considered. It is further submitted that in fact a cross case has also been registered against the complainant party which has been
The absence of allegations of any overt act against the applicant and willingness to cooperate in the investigation are key factors in granting anticipatory bail.
The court reinforced that anticipatory bail can be granted conditionally based on the accused's role and risk factors, with careful consideration of all parties involved.
Anticipatory bail can be granted when accusations are deemed omnibus and lack substantial evidence.
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 the nature of allegations and the circumstances of the case, including the status of co-accused.
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....
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