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2022 (4) TMI 468 - HC - Indian LawsSeeking grant of anticipatory bail - criminal conspiracy - issuing forged certificates regarding the existence of unit and its operational status on the basis of which the supplies of coal were made to the alleged companies - HELD THAT:- As per the judgment of the Supreme Court in the case of BHADRESH BIPINBHAI SHETH VERSUS STATE OF GUJARAT & ANOTHER [2016 (2) TMI 416 - SUPREME COURT] it has held that the nature and gravity of the accusation and the exact role of the accused must be properly comprehended, the previous criminal antecedents of the applicant whether he has previously undergone imprisonment on conviction, the possibility of applicant to flee and where the accusation has been made only with the object of injuring or humiliating the applicant by arresting him, are the circumstances that are to be taken into account as per Section 438 Cr.P.C. In the present case, this Court is of the view that since the charge-sheet was filed on 31.05.2012 and the applicant has not misused the liberty granted to him vide various orders, he is entitled to be enlarged on anticipatory bail. The anticipatory bail application of the applicant is allowed, subject to conditions imposed.
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