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SUBODH ABHYANKAR
Rahul Bhanpuriya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh Abhyankar, J. - T his is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No.725/2022 registered at Police Station Thandla District Jhabua (MP) for offence punishable under Section 457/380 of the Indian Penal Code, 1860.
2. Allegations against the applicant is that he purchased 10 sacks of Soyabean which were stolen by the co-accused persons.
3. Counsel for the applicant has submitted that the applicant is a businessman and is a license holder, which is also placed on record and is valid till 26/02/2026. It is also submitted that the applicant has purchased the Soyabean from the co-accused persons in the regular course of business and was not aware that it was the stolen property. Thus, it is submitted that the custodial interrogation of the applicant is not required hence, the application be allowed and he be released on anticipatory bail.
4. Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of anticipatory bail is made out, however, when a query was made by this Court if the sac
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 court's decision was influenced by the acquittal of the co-accused and the prosecution's failure to prove the nature of the seized contraband under the NDPS Act.
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 main legal point established in the judgment is the grant of anticipatory bail in connection with possession of unauthorized liquor under Section 34 (2) of the Madhya Pradesh Excise Act, 1915.
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....
Anticipatory bail granted based on the commercial nature of the dispute and lack of necessity for custodial interrogation, following established legal precedents.
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