Anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Crime No. 122/2024, involving a fatal accident. Initially charged under Sections 304-A, 279, 337, and 338 of the IPC and Section 184 of the Motor Vehicles Act, later charges included Sections 304 and 427 IPC, and Section 185 M.V. Act. The applicant claimed permissible alcohol levels and inconsistencies in the accident narrative, while the prosecution presented evidence of reckless driving and alcohol consumption. The court examined the applicability of Section 304 IPC, legal precedents, and the necessity of bail cancellation when non-bailable offences are added. Ultimately, the court rejected the anticipatory bail application, citing the gravity of the offence, the applicant's conduct, and the findings of the investigation.
Citation: 2024 Lawtext (BOM) (6) 263
Case Number: CRIMINAL APPLICATION (ABA) NO.375/2024
Date of Decision: 2024-06-26
Case Title: Ritu w/o Dinesh Maloo Versus State of Mah., thr.PSO PS Tahsil, Nagpur
Before Judge: URMILA JOSHI-PHALKE, J
Advocate(s): Shri S.V.Manohar, Senior Counsel assisted by Shri Prakash Jaiswal, Advocate for the Applicant. Shri D.V.Chauhan, Public Prosecutor assisted by Ms H.N.Prabhu, Additional Public Prosecutor for the Non-applicant/State. Shri Yusuf Jameel Shaikh, Counsel for the Complainant.
Appellant: Ritu w/o Dinesh Maloo
Respondent: State of Mah., thr.PSO PS Tahsil, Nagpur
