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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Atul Sreedharan, J.
Himanshu Tomar – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 2618 of 2023
Decided On : 17-01-2023
Bail Application - Anticipatory Bail - The court granted anticipatory bail to the applicant under section 438 of the Cr.P.C. as the allegations against the applicant were based on his presence with the main accused and no overt act was attributed to him by the injured complainant.
Fact of the Case:
The applicant filed a bail application under section 438 of the Cr.P.C. for anticipatory bail in connection with a case involving offences under section 308, 323, 294, and 34 of the I.P.C. registered at Police Station - Rithorakala, district Morena (M.P.). The allegation was that the applicant accompanied the main accused and co-accused who fired a gun shot injuring the complainant.
Finding of the Court:
The court, while considering the opposition from the State, noted that the allegations were based on the applicant's presence with the main accused and no overt act was attributed to him by the injured complainant. The court allowed the application and granted bail to the applicant upon furnishing a personal bond and surety.
Issues: The main issue was whether the applicant was entitled to anticipatory bail under section 438 of the Cr.P.C. considering the allegations against him based on his presence with the main accused.
Ratio Decidendi: The court's decision was influenced by the fact that no overt act was attributed to the applicant by the injured complainant, and the opposition's reliance on the applicant's previous antecedents was deemed irrelevant in this particular case.
Final Decision: The application for anticipatory bail was allowed, and the applicant was granted bail upon furnishing a personal bond and surety.
JUDGMENT
Atul Sreedharan, J. - This is the first bail application filed by the applicant under section 438 of the Cr.P.C. for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.54/2022 for offence punishable under section 308, 323, 294 and 34 of the I.P.C. registered a t Police Station - Rithorakala, district Morena (M.P.).
2. The allegation against hims is that he accompanied the main accused Dilip Rajawat @ Raju Rajawat and co-accused Raju Rajawat fired a gun shot which injured the complainant of the abdomen.
3. Learned Government Advocate for the respondent/State while opposing the application has read out from the FIR and 161 statement of the injured complainant that not a single whisper let alone the allegation as leveled against the applicant herein but for his presence along with main accused. The complainant does not say that the applicant herein either instigated or abetted the main accused in any manner to cause the gun shot injury on the complainant. In fact, nothing is attributed to the applicant herein and but for his presence as stated already hereinabove. Learned Government Advocate further submits that the applicant has previous antecedent. The same may not be relevant in this particular case as no overt act has been attributed to the applicant by the injured complainant. Under the circumstances, the application is allowed.
4. Applicant be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer.
C.C. as per rules.
The court considered the absence of any overt act attributed to the applicant by the injured complainant as a key factor in granting anticipatory bail under section 438 of the Cr.P.C.
Granting anticipatory bail based on the circumstances of the case, including the old animosity between the parties and the injuries sustained by both sides.
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 reinforced that anticipatory bail can be granted conditionally based on the accused's role and risk factors, with careful consideration of all parties involved.
The grant of anticipatory bail under CrPC Section 438 is contingent upon the assessment of injury severity and the accused's background.
The court's decision to grant anticipatory bail was influenced by the absence of misuse of bail, the undertaking of the applicant, and the specific conditions imposed for the grant of anticipatory ba....
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