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ANAND PATHAK
Pradeep Dahayat – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anand Pathak, J. - This is the FIRST application filed under section 438 of Cr.P.C by the applicant, who is apprehending his arrest in connection with Crime No.50/2023 registered at Police Station Devendranagar, district Panna, for the offences punishable under sections 376, 376D, 342, 34, 294, 323, 506 and 120-B of IPC.
2. It is the submission of learned counsel for applicant that in FIR his name was not referred by prosecutrix but later on incorporated in statements under sections 161 and 164 of Cr.P.C. Even otherwise, his role is confined to refer the prosecutrix about some new construction being carried out by his family. It was co-accused Chotu Dahayat who committed rape. Applicant does not bear any criminal record. Confinement may bring social disrepute and personal inconvenience. Applicant undertakes to cooperate in the investigation and trial and to make himself available as and when required. He would not be source of harassment and embarrassment in any manner to the prosecutrix/ complainant side. Under these grounds, counsel for applicant prayed for grant of anticipatory bail to the applicant.
3. Learned Government Advocate for the State and the learned counsel for
The court may grant anticipatory bail based on the absence of the applicant's name in the FIR, lack of criminal record, and the nature of allegations against the applicant, while imposing stringent c....
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 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.
The consensual nature of a relationship and the potential impact of granting anticipatory bail on the investigation were central to the court's decision.
Anticipatory bail may be granted when the applicant is not named in the FIR, has no criminal antecedents, and is willing to cooperate with the investigation.
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