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MANOJ KUMAR GARG
Shiv Prakash – Appellant
Versus
State Of Rajasthan – Respondent
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.245/2021, Police Station Bajju, District Bikaner, for the offences under Sections 308, 325, 323, 341 & 34 of Indian Penal Code.
2. Learned counsel for the petitioner submits that the compromise has arrived at between the parties and no useful purpose will be served to send the petitioner behind the bars for an indefinite period. Thus, the petitioner may be released on anticipatory bail.
3. Learned Public Prosecutor has opposed the prayer for anticipatory bail. However, learned counsel for the complainant has concurred the fact of compromise arrived at between the parties.
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 pe
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 presented.
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.
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 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.
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.
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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