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MS. P. vs. State of Madhya Pradesh & Anr. (SC)

46.00 4.60

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Code of Criminal Procedure, 1973–Sec. 439–Penal Code, 1860–Secs. 376(2)(n) & 506–Grant of bail–Justification–Bail was granted on the sole ground of delay in lodging the FIR–Accused was found involved in four criminal cases–Appellant referred the blatant conduct of respondent-accused subsequent to release on bail–Explanation given by him is not believable–The captions tagged to his photographs on the social media highlights the superior position and power wielded by him and his family in the society and its deleterious impact on the appellant-complainant–Emojis of crowns and heart tagged with the captions are devoid of any religious sentiments sought to be portrayed by the respondent-accused and these comply his celebratory mood–His conduct has evoked a bona fide fear in the mind of the appellant–Impugned order of granting the bail deserves to be quashed and set aside.