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SUBODH ABHYANKAR
Ram Sing – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh Abhyankar, J. - They are heard and perused the case diary.
2. This is the first application filed by the applicants under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as they are apprehending their arrest in connection with Crime No.1500/2022 registered at Police Station - Jhabua, District -Jhabua (MP) for offence punishable under Sections 307, 341, 294 and 34 of the IPC.
3. The allegations against the applicants are that on 11.12.2022 at around 4.00 p.m. they along with one Sohan accosted the injured Ramju and his friend Pappu when they started abusing them and co-accused Sohan fired a gun shot on Ramju.
4. Learned counsel for the applicant has submitted that although date of incident is said to be on 11.12.2022 however the FIR in the present case has been lodged on 19.12.2022 and there is no cogent reason assigned for delay in lodging the FIR. Counsel has further submitted that although the applicants have been falsely implicated in the case with a view to accept certain amount from the complainants and the applicant No. 1 Ram Singh is a Computer Operator in MPCON Ltd. whereas the applicant No.Jogadiya @ Kanu is a Watchman in the Govt. D
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....
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 main legal point established in the judgment is the court's discretion in granting anticipatory bail based on the necessity of custodial interrogation and the willingness of the applicant to coop....
The court's decision to grant transit anticipatory bail was influenced by the impending marriage of the applicant No.1 and the need to provide the applicants with time to approach the concerned Court....
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 main legal point established in the judgment is the court's discretion to grant anticipatory bail based on the facts and circumstances of the case, without expressing any opinion on the merits of....
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 court has the discretion to grant anticipatory bail under Section 438 of the Code of Criminal Procedure, considering the facts and circumstances of the case and the allegations made against the a....
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