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Judgment
10 paragraphs · 297 wordsSubodh Abhyankar, J
1] They are heard. Perused the case-diary.
2] This is the first application filed by the applicant under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023/Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.481/2025 registered at Police Station Kshipra, District Indore for the offence punishable under Section 309 (4), 3 (5) of the BNS Act.
3] The allegation against the applicant is of robbery.
4] Counsel for the applicant has submitted that the complainant has no objection if the bail application of the applicant is allowed, as according to him, the applicant was not present when the incident took place on the date of the incident. Thus, it is submitted that the custodial interrogation of the applicant is not necessary, and the anticipatory bail application should be allowed.
5] Counsel for the objector has submitted that he has no objection if the bail application of the applicant is allowed.
6] On a query made by the complainant/Akash S/o Kanhaiyalal, who is present before this Court, has submitted that he has no objection if the bail application of the applicant is allowed.
7] Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that there are two other criminal antecedents registered against the applicant. Thus, no case for the grant of bail is made out.
8] Looking at the criminal antecedents of the applicant and the manner in which the incident took place despite the fact that the complainant has no objection if the bail application of the applicant is allowed, this Court deems it proper to reject the bail application of the applicant.
9] Accordingly, the bail application of the applicant is dismissed.
