Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Chandra Kumar Songara, J.
Hansa Bai – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 5373 of 2022
Decided On : 06-05-2022
Anticipatory Bail - Offences under IPC - The court granted anticipatory bail to the accused-petitioner, a woman with a child, considering the lack of specific allegations against her and her lack of criminal antecedents. The court also took into account the interim protection granted to the petitioner in a cross FIR.
Fact of the Case:
The anticipatory bail application was filed in connection with FIR No. 38/2022 for offences under Sections 147, 148, 149, 341, 323, 325, 326, and 308 of IPC. The petitioner, a 37-year-old woman with a child, had no specific allegations against her and no criminal antecedents. Interim protection had been granted to the petitioner in a cross FIR.
Finding of the Court:
The court, without expressing any opinion on the merits and demerits of the case, granted anticipatory bail to the accused-petitioner, ordering her release on bail with specified conditions.
Issues: The main issue was the grant of anticipatory bail to the accused-petitioner in connection with the mentioned FIR and offences.
Ratio Decidendi: The court considered the lack of specific allegations against the petitioner, her lack of criminal antecedents, and the interim protection granted to her in a cross FIR as justifying the grant of anticipatory bail.
Final Decision: The anticipatory bail application was allowed, and the accused-petitioner was ordered to be released on bail with specified conditions.
ORDER
1. This anticipatory bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 38/2022 registered at Police Station Dablana, District Bundi for the offences under Sections 147, 148, 149, 341, 323, 325, 326 and 308 of IPC.
2. Learned counsel for the petitioner submits that the petitioner is a woman of 37 years of age and having a child of two and half years of age. Learned counsel further submits that there is no specific allegation against the petitioner and he has no criminal antecedents. Learned counsel further submits that the accused-party has also lodged a cross FIR No.37/2022 and interim protection from arrest has been granted to the petitioner by this Court vide order dated 20.04.2022. Hence, the anticipatory bail application of the accused-petitioner may be granted.
3. On the other hand, learned Public Prosecutor has opposed the bail application.
4. Heard learned counsel for the parties and perused the material available on record.
5. Considering the submissions made by the learned counsel for the petitioner and looking to the facts and circumstances of the case; but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on anticipatory bail.
6. Accordingly, this anticipatory bail application is allowed and it is ordered that in case of arrest of the accused-petitioner in FIR No. 38/2022 registered at Police Station Dablana, District Bundi by the Investigation Officer, the accused-petitioner shall be released on bail; provided she furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of concerned SHO/IO on the following conditions:
i) That the petitioner will make herself available for the investigation as and when required by the investigation officer.
ii) That the petitioner will not leave India without permission of the Court.
iii) That the petitioner will not temper with the evidence or threaten or pressurize the witnesses in the case.
The court considered the lack of specific allegations against the accused-petitioner, her lack of criminal antecedents, and the interim protection granted to her in a cross FIR as justifying the gran....
Grant of Anticipatory Bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
The main legal point established is the court's discretion to grant anticipatory bail based on the individual circumstances of the petitioner, including age and health condition.
Anticipatory bail can be granted under Section 438 Cr.P.C. when the accused is cooperative and custodial interrogation is not necessary, ensuring a balance between individual rights and the integrity....
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
The court established that anticipatory bail can be granted based on the applicant's circumstances, including residency, lack of criminal history, and the nature of the allegations, while emphasizing....
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
