The court has the discretion to grant or deny anticipatory bail based on the facts and circumstances of the case, including the nature of the alleged offences and the criminal history of the accused.

Headnote:
Anticipatory Bail - Criminal Procedure Code - Sections 294, 327, 323, 506, 34 IPC - The court granted anticipatory bail to the applicant accused, finding that the alleged offence under Section 325 IPC was more likely, and the allegations of extortion were unlikely as the accused were dhaba owners and not habitual offenders.
Fact of the Case:

The applicants/accused filed an anticipatory bail application under Section 438 CrPC, apprehending arrest in connection with a case registered for offences under Sections 294, 327, 323, 506, 34 IPC. The applicants were alleged to have assaulted a police officer and the complainant.
Finding of the Court:

The court found that the alleged offence was more likely to be under Section 325 IPC (voluntarily causing grievous hurt) rather than the more serious offences. The court also found the allegations of extortion to be unlikely, as the accused were dhaba owners and not habitual offenders. Accordingly, the court granted anticipatory bail to the second applicant, but dismissed the application of the first applicant who was a habitual offender.
Issues: Whether the applicants should be granted anticipatory bail in the case registered against them for offences under Sections 294, 327, 323, 506, 34 IPC.
Ratio Decidendi: The court considered the nature of the alleged offences, the likelihood of the accusations, and the criminal history of the applicants in deciding whether to grant anticipatory bail.
Final Decision: The court granted anticipatory bail to the second applicant, but dismissed the application of the first applicant who was a habitual offender.

ORDER

This is the first bail application filed on behalf of the applicants/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as they are under apprehension of their arrest, in connection with Crime No.234/2024 registered at Police Station Bareli District Raisen (M.P.) for the offences punishable under Sections 294, 327, 323, 506, 34 of the IPC.

2. Learned counsel appearing for the applicants submitted that no extortion has been committed by applicant. False allegations were made that applicants demanded money for drinking liquor. Applicants are infact Dhaba owner. Complainant visited their Dhaba for eating food. There was some altercation and later on assault took place. At the best offence under section 325 of the IPC will be made out.

3. Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail. It is submitted that one police man and complainant was assaulted by applicants. Applicants are habitual offenders and having criminal records. In CCTV footage, applicants can be seen. 4. Heard the learned counsel for the parties.

5. Applicants is said to have assaulted with Lathi, which has caused fracture. Said incident will amount to offence under Section 325 of the IPC. Offence under Section 329 of the IPC is alleged as applicants said to have demanded money. It is unlikely that applicants who are Dhaba owners will demand money from policeman and his friends for drinking liquor.

6. Considering the aforesaid circumstances, anticipatory bail application filed by the applicant No. 2 is allowed. 7. Since applicant No.1 is a habitual offender with criminal records, therefore, counsel for applicant prays for withdrawal of bail application filed by applicant No.1 Kamlesh. 8. Prayer is allowed. 9. Accordingly, anticipatory bail application filed by applicant No.1 is dismissed as withdrawn.

10. He is directed to surrender before Police. 11. It is directed that in the event of arrest of applicant No.2 in connection with the aforesaid crime number and the offences, he be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

12. The applicant No.2 is directed to join the investigation immediately and to co-operate with the investigating agency. He will further abide by the following conditions:

(a) accused shall make himself available for interrogation by a Police Officer as and when required ;

(b) accused shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses ;

(d) accused shall not commit similar offence, of which, he is accused or suspected. Click Here to Read the rest of this document