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M. V. MURALIDARAN
Chabungbam Sarat Singh – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. This petition has been filed by the petitioner under Section 438 Cr.P.C. seeking to enlarge him on bail in event of arrest in connection with the FIR No.259(8)2019 on the file of the Porompat Police Station registered under Section 353, 354, 307 and 506 IPC.
2. Heard Mr. N. Ibotombi, learned senior counsel for the petitioner and Mr. Y. Ashang, the learned Additional Public Prosecutor for the State.
3. The case of the prosecution is that on 26.8.2019 the petitioner used criminal force to deter the complainant from discharging her duty, tried to outrage her modesty and also attempted to murder her. On the basis of the written complaint lodged by the complainant, the second respondent police registered an FIR Case No.259(8)2019 under Sections 253/354/307 and 506 IPC against the petitioner. Apprehending arrest in the hands of the second respondent, the petitioner has filed the present petition for anticipatory bail.
4. Opposing the petition, the second respondent filed affidavit-in-opposition stating that on 26.8.2019 at about 4.10 p.m., while the complainant was at her office room at the office of Seed Analyst, she heard the petitioner quarrelling with staff Kangabam Keinahanb
The main legal point established is the requirement for concrete facts in applications for anticipatory bail and the protection of personal liberty under Article 21 of the Constitution of India.
The court emphasized that anticipatory bail should not be granted in cases involving serious allegations, even if custodial interrogation is not necessary, focusing on the prima facie case and nature....
Anticipatory bail may be granted when previous complaints indicate motives rooted in personal enmity and allegations of lesser gravity.
The main legal point established in the judgment is the need for concrete facts and reasonable apprehension for granting anticipatory bail, and the importance of protecting personal liberty under Art....
The court balanced the need for fair investigation and prevention of harassment in deciding on the grant of anticipatory bail.
The importance of personal liberty and the need to consider the totality of circumstances before denying anticipatory bail.
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