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PREM NARAYAN SINGH
Balvir Singh – Appellant
Versus
State of M. P. – Respondent
ORDER
Heard and perused the case diary.
1. This is first bail application filed by the applicant under section 438 of the Cr.P.C. for grant of anticipatory bail who is apprehending his arrest in relating to F.I.R. No.711/2023 dated (not mentioned), registered at Police Station-Raoji Bajar District-Indore for the offence punishable under section 376, 376(2)(n), 323, 506, 384 of IPC, 1860.
2. Applicant is apprehending her arrest in the aforesaid offence, has knocked the portal of this Court for grant of anticipatory bail.
3. As per prosecution case, the complainant namely Madhu Chouhan and her husband Ajay reached to the police station and filed a written complainant against the applicant by submitting that the applicant and the complainant known to them through social media and became friends, they started chating with each other and exchanged their phone numbers. The applicant intimated to the complainant that on 26.7.2022, he is coming to Indore but he is not having amount and taken Rs.15000/- from the complainant on a promise to return her after being reached to Indore. He asked her to take the amount, therefore the complainant called him to the house of her friend where the applican
Prima facie evidence of misrepresentation and dupe influencing the denial of anticipatory bail.
Grant of anticipatory bail based on the absence of criminal antecedents, the applicant's background, and the undertaking to not pressurize the prosecutrix or witnesses.
The central legal point established in the judgment is the consideration of the necessity for custodial interrogation and the willingness of the applicant to cooperate with the investigation in grant....
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
Credibility of allegations, witness testimony, and medical evidence are crucial in determining the grant of anticipatory bail in cases of serious offenses like rape.
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