Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Jagat Ram Tanwar – Appellant
Versus
State – Respondent
Bail Appln. 2045 of 2022
Decided On : 21-08-2023
Anticipatory Bail - Criminal Law - The court granted anticipatory bail to the petitioner under certain conditions after considering the facts and circumstances of the case and the petitioner's cooperation in the investigation.
Fact of the Case:
The petitioner filed for anticipatory bail in a case registered under Sections 308/506/34 IPC. The petitioner had been granted interim protection earlier.
Finding of the Court:
The court granted anticipatory bail to the petitioner on the condition of furnishing a personal bond and surety, along with other conditions related to cooperation in the investigation and maintaining contact details.
Issues: Anticipatory bail application, cooperation in investigation, conditions for bail
Ratio Decidendi: The court considered the petitioner's cooperation in the investigation and the fact that other co-accused had been granted anticipatory bail. The court imposed specific conditions to ensure the petitioner's compliance with the law.
Final Decision: The application for anticipatory bail was granted, subject to the specified conditions.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present application has been filed seeking anticipatory bail in case FIR No. 0244/2022 under Sections 308/506/34 IPC registered at PS Fatehpur Beri, Delhi.
2. Vide order dated 08.07.2022 the coordinate bench of this court ordered that no coercive action be taken against the petitioner. Interim protection is continuing since then.
3. Learned APP for the state has fairly submitted that the petitioner has joined the investigation as and when directed by the IO.
4. It has already been submitted by the learned counsel for the petitioner that other two co-accused persons have already been admitted to anticipatory bail on 20.07.2022 by the learned Trial Court.
5. Taking into account the facts and circumstances, the petitioner in the event arrest be admitted to anticipatory bail on furnishing a personal bond of Rs.20,000/- with one surety of the like amount subject to the satisfaction of learned Trial Court subject to the following conditions:
a. The petitioner shall cooperate in the investigation and appear before the Investigating Officer of the case as and when required;
b. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case
c. The petitioner shall provide his mobile number(s) to the Investigating Officer and keep it operational at all times;
d. In case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Investigating Officer/ Court concerned by way of an affidavit.
6. The application stands disposed of.
Granting of anticipatory bail and imposition of conditions to ensure cooperation in the investigation.
Grant of interim anticipatory bail and subsequent court bail with specific terms and conditions based on the applicant's cooperation in the investigation.
The court granted anticipatory bail to the applicants, emphasizing the need for cooperation with the investigation and restrictions on witness contact.
Grant of anticipatory bail and imposition of specific conditions to ensure cooperation in the investigation.
Anticipatory bail can be granted when there is insufficient evidence to warrant custodial interrogation, emphasizing the presumption of innocence and the right to personal liberty.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
