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SUBODH ABHYANKAR
Himanshu Chopra – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh Abhyankar, J. - This application has been filed by the applicants under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail read with Section 482 of Cr.P.C. for grant of transit anticipatory bail, as they are apprehending their arrest in connection with a crime registered at Police Station Moti Nagar, Police Commissionerrate, Ludhiana vide FIR No.0240/2022 for offence punishable under Section 420 of the Indian Penal Code, 1860.
2. In brief, the facts of the case are that the applicant No.1 Himanshu Chopra is engaged in the business of manufacturing the cello tapes etc. In the aforesaid business transaction, the applicant No.1 had obtained certain raw material from the complainant, towards which, the applicant had also gave two cheques of Rs.2.5 Lakh each to the complainant as security. In all, he has already paid a sum of Rs.1,71,120/- and Rs.53,000/- in two different transactions and Rs.2,58,000/- still remains to be paid but as the applicant had already given two separate cheques to the complainant towards security, he has tried to encash the same but the same got dishonored and thus, directly the FIR has been lodged against the applicants.
3.
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 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....
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....
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
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