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RAJEEV KUMAR DUBEY
Yogesh Patel – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajeev Kumar Dubey, J. - This is first application under Section 438 of the Cr.P.C. for grant of anticipatory bail. applicant Yogesh Patel @ Monu apprehends his arrest in connection with Crime No.1472/2021 registered at Police Station adhartal, District Jabalpur for the offence punishable under Sections 327, 294, 323, 506 & 34 of the IPC.
As per prosecution case, complainant Parshuram Pandey had purchased paint and one roller from Kamlesh Hardware located at Suhagi, adhartal. On 28.10.2021 at around 05:30 PM, complainant went to Kamlesh Hardware for returning that roller due to some defect. On that, applicant Yogesh Patel @ Monu, owner of Kamlesh Hardware abused him and demanded Rs.500/- and applicant and two other co-accused persons also assaulted him. On the report of complainant, police registered Crime No.1472/2021 for the offence punishable under Sections 327, 294, 323, 506 & 34 of the IPC, applicant apprehend his arrest in that crime.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime. applicant is a businessman and he is ready to cooperate in the investigation and trial, hence prayed for release of the
Granting of anticipatory bail based on lack of criminal past and willingness to cooperate in the investigation and trial.
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.
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 after considering the seriousness of the charge, the applicant's cooperation in the investigation, and the overall facts and circumstances of the case.
The main legal point established in the judgment is the court's discretion to grant anticipatory bail under Section 438 of the Criminal Procedure Code, 1973, based on the circumstances of the case an....
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