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SUBODH ABHYANKAR
Rohit – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh Abhyankar, J. - They are heard. Perused the case diary / challan papers.
2. This is applicant's FIRST application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is apprehending his / her arrest in connection with Crime No.88/2023 registered at Police Station M.G. ROAD, Indore District Indore (MP) for offence punishable under Sections 376,294,376(2) of the Indian Penal Code, 1860.
3. Counsel for the applicant at the outset, has submitted that although the allegation against the present applicant is of rape. However, the prosecutrix has also filed her no objection. It is also submitted that the prosecutrix is aged around 34 years and the date of incident is 13.02.2022 whereas the FIR was lodged on 22.02.2022 and thus, his custodial interrogation is not necessary. In such circumstances, there is nothing to connect the applicant with the present crime. Thus, it is submitted that the applicant be released on anticipatory bail.
4. Counsel for the prosecutrix/objector has also submitted that he has no objection if the applicant is released on anticipatory bail and the prosecutrix has also filed an affidavit to this e
The absence of necessity for custodial interrogation and the no objection filed by the prosecutrix can influence the grant of anticipatory bail in cases of serious allegations.
The court's decision to grant anticipatory bail was based on the lack of necessity for custodial interrogation and the applicants' willingness to cooperate, in accordance with the provisions of Secti....
The central legal point established in the judgment is the consideration of the necessity for custodial interrogation and the willingness of the applicant to cooperate with the investigation in grant....
Anticipatory bail can be granted when allegations against the applicant are not directly linked to the commission of serious offences, provided conditions are imposed to ensure cooperation with the i....
The absence of criminal antecedents, negative MLC report, and the likelihood of a long trial can be considered in granting bail in cases involving serious allegations.
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....
Anticipatory bail can be granted when the applicant's role is not established and there's a lack of substantial evidence.
applicant is not entitled for anticipatory bail on the ground that applicant was not only declared proclaimed offender under Section 82 Cr.P.C. but proclamation of attachment of property was also iss....
Grant of anticipatory bail based on absence of allegations, lack of criminal past, and willingness to cooperate in the investigation and trial.
The court's decision was based on the consideration that the offences were not punishable with death or imprisonment for life, and the conditions imposed to address the apprehension of absconding or ....
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