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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Mahendra Kumar – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 3521 of 2022
Decided On : 02-05-2022
Anticipatory Bail - Offences under Sections 406 & 420 of IPC - The court granted anticipatory bail to the petitioner under Section 438 Cr.P.C. based on the consideration of the arguments and the facts and circumstances of the case.
Fact of the Case:
The petitioner filed an anticipatory bail application apprehending arrest for offences under Sections 406 & 420 of IPC. The petitioner's counsel argued that a similarly situated co-accused had been granted anticipatory bail, and it would serve no useful purpose to send the petitioner behind bars for an indefinite time.
Finding of the Court:
The court found it to be a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
Issues: The main issue was whether the petitioner should be granted anticipatory bail in connection with the mentioned FIR for the alleged offences.
Ratio Decidendi: The court considered the arguments and the facts and circumstances of the case to determine that it was a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.
Final Decision: The bail application was allowed, and it was directed that the petitioner shall be released on bail upon furnishing a personal bond and sureties to the satisfaction of the concerned Investigating Officer/S.H.O., subject to certain conditions.
JUDGMENT
Manoj Kumar Garg, J. - This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No. 154/2021, Police Station Bijolia, Distt. Bhilwara for the offences under Sections 406 & 420 of IPC.
2. Learned counsel for the petitioner submits that the similarly situated co-accused Shankar Lal has already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 17.02.2022 (S.B. Criminal Misc. Bail application No.1777/2022) and the case of the present petitioner is also similar to that of co-accused. Counsel further submits that no useful purpose would be served by sending the petitioner behind the bars for indefinite time. Thus, the petitioner may be released on anticipatory bail.
3. Learned Public Prosecutor vehemently opposed the prayer for anticipatory bail.
4. Heard the learned counsel for the parties and perused the impugned order.
5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that it is a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.
6. accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Mahendra Kumar S/o Madan Lal in connection with FIR No.154/2021, Police Station Bijolia, Distt. Bhilwara, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.1,00,000/-along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-
(i) that the petitioner shall make herself available for interrogation by a police officer as and when required;
(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and
(iii) that the petitioner shall not leave India without previous permission of the court.
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.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments presented.
The court may grant anticipatory bail based on the compromise between the parties and the petitioner's cooperation with the investigation.
The court may grant anticipatory bail considering the compromise arrived at between the parties and the facts and circumstances of the case.
Grant of anticipatory bail based on the lack of specific averments against the petitioner for the alleged offence.
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.
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's decision was influenced by the specific allegations, lack of signatures on the document, and the arguments presented in the case.
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.
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