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VIJAY KUMAR SHUKLA
Babulal @ Babudiya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - This is first application under Section 438 of Criminal Procedure Code, 1973, filed by the applicant for grant of anticipatory bail during trial in connection with Crime No.07/2022 registered at Police Station- Jaora City, Jaora District- Ratlam concerning offence under Sections 4, 6, 9 of MP Govansh Vadh Pratishedh Adhiniyam, and Section 4, 6 10 of M.P. Krishi Upyogi Pashu Sanrakshan Adhiniyam and Section 11(D) of the Prevention of Cruelty to Animal Act and Sections 419, 482, 468, 471 and 473 of IPC.
2. As per prosecution story, the police has recovered 63 govansh from the vehicle and out of which 9 were found dead. Hence, the police has registered the case against co-accused Mubarik and the applicant is implicated in the matter on the basis of statement of co-accused Mubarik recorded under Section 27 of Evidence Act.
3. Learned counsel for the applicant submits that the identically placed co-accused Ansar @ Raja has been granted anticipatory bail. The present case is identical to the case of the co-accused. He further submitted that the applicant is innocent and has been implicated in the present crime on the basis of statement of co-accused persons
The court applied the legal provision under Section 438 of the Criminal Procedure Code, 1973, to grant anticipatory bail to the applicant based on the circumstances and material available on record.
Grant of anticipatory bail based on the absence of material against the applicant and imposition of specific conditions for the grant of bail.
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 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 based on the nature of the accusation, the need for custodial interrogation, and the presence of ....
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
Grant of anticipatory bail based on the suspicious nature of the prosecution story and the claim of innocence by the applicant's counsel.
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