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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Ehsan Mohammed – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 3531 of 2022
Decided On : 06-04-2022
Anticipatory Bail - Alleged Offences under Sections 406, 420 I.P.C. - Grant of Anticipatory Bail
Fact of the Case:
The petitioner filed an anticipatory bail application apprehending arrest in connection with alleged offences under Sections 406, 420 I.P.C. The main allegation was levelled against another individual, and no specific averment for the alleged offence was made against the petitioner.
Finding of the Court:
The Court, after considering the facts and circumstances of the case and the arguments advanced, granted anticipatory bail to the petitioner under Section 438 Cr.P.C.
Issues: The main issue was whether the petitioner should be granted anticipatory bail despite the opposition from the Public Prosecutor and the complainant.
Ratio Decidendi: The Court found it to be a fit case for the grant of anticipatory bail to the petitioner, considering the lack of specific averments against the petitioner for the alleged offence.
Final Decision: The bail application under Section 438 Cr.P.C. was allowed, and it was directed that the petitioner shall be released on bail upon arrest, subject to specified conditions.
JUDGMENT
Manoj Kumar Garg, J. - This anticipatory bail application has been filed under Section 438 Cr.P.C. by the petitioner apprehending his arrest in connection with F.I.R. No.48/2022, Police Station Sadar, District Chittorgarh, for the offences under Sections 406, 420 I.P.C.
2. Learned counsel for the petitioner submits that the main allegation has been levelled against Mukim Khan @ Sikandar and no specific averment for the alleged offence has been made against the present petitioner. In such circumstances, no useful purpose will be served by sending the petitioner behind the bars for an indefinite period. Thus, the petitioner may be released on anticipatory bail.
3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for anticipatory bail.
4. Heard 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 under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Ehsan Mohammed S/o Molabaksh Musalman in connection with F.I.R. No.48/2022, Police Station Sadar, District Chittorgarh, 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 himself 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 presented.
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 under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
The court may grant anticipatory bail based on the compromise between the parties and the petitioner's cooperation with the investigation.
The court's decision was influenced by the specific allegations, lack of signatures on the document, and the arguments presented in the case.
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 when there is insufficient evidence to warrant custodial interrogation, emphasizing the presumption of innocence and the right to personal liberty.
Points OF The Law : Perused first information report as well as the statement recorded by the prosecutrix under Section 164 Cr.P.C.
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