Back
NANDITA DUBEY
Surendra Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Nandita Dubey, J. - This is the first application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.
2. The applicant apprehends his arrest in connection with Crime No.121/2021 registered at Police Station Gadhimalahra, District-Chhatarpur for the offence punishable under Sections 420,120-B and 34 of IPC.
3. The allegation against the present applicant is that he stored 50 quintals of wheat along with other co-accused persons in the purchase centre to misuse the scheme of the Government.
4. Learned counsel for the applicant submits that the application filed by the applicant under Section 438 Cr.P.C. has been rejected by the trial Court, whereas the other co-accused, namely, Gourishankar Arjariya and Aakash Awasthy have already been enlarged on anticipatory bail by the trial Court, on the same set of facts. It is stated that the trial Court has rejected his application only because the applicant was the Centre Incharge.
5. Learned Panel Lawyer appearing for the State has opposed the bail application. However, he has fairly submitted that the allegation against all the three persons is similar in nature.
6. Considering that aforesaid two co-accuse
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
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....
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.
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
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.
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 court considered the omnibus nature of the allegations and absence of specific allegations against the applicant in granting anticipatory bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
