Explore a landmark court decision where the court granted anticipatory bail to the appellant in a case with serious charges. The court’s legal analysis and conditions imposed shed light on the intricacies of the legal system. Discover the significance of this decision and its implications in the realm of legal proceedings.
Facts
- In the meantime, no coercive action against the petitioner shall be taken.
- The appeal arises from the final judgment and order dated 07.05.2021 passed by the High Court of Madhya Pradesh at Gwalior in MCRC No. 22186 of 2021.
- The appellant filed an application seeking anticipatory bail in connection with a crime registered under FIR No.104 of 2021 dated 23.03.2021 at Police Station Mehgaon, District Bhind, Madhya Pradesh.
- The offences mentioned in the FIR are punishable under Sections 304-B/498A/34 of the Indian Penal Code, 1860, and Sections 3/4 of the Dowry Prohibition Act, 1961.
- Affidavit-in-reply filed on behalf of the State indicates completion of investigation
- Charge-sheet filed on 26.06.2021 against some accused
- Charge-sheet not filed against the appellant due to interim order by the Court
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Arguments
- Mr. Varun Thakur, Advocate for the original complainant brought to light various issues
- Highlighted the filing of a second complaint regarding pressure from the accused’s family
- Emphasized on the attempts to exert pressure by the accused’s family
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Analysis
- In view of the totality of circumstances, the appellant is deemed entitled to anticipatory bail.
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Decision
- The appellant shall not misuse the liberty granted to her
- Any infraction or violation of the conditions will result in cancellation of anticipatory bail
- The appellant must cooperate fully in the investigation
- In case of arrest, the appellant will be released on bail upon furnishing cash security of Rs. 25000 with two sureties
Case Title: NISHA Vs. THE STATE OF MADHYA PRADESH (2021 INSC 537)
Case Number: Crl.A. No.-001080-001080 / 2021
