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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Sharad Upadhyay – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2927 of 2022
Decided On : 23-03-2022
Anticipatory Bail - Indian Penal Code - The court granted anticipatory bail to the petitioner under Section 438 Cr.P.C. considering the facts and circumstances of the case and the arguments advanced at the bar.
Fact of the Case:
The petitioner filed an anticipatory bail application apprehending arrest in connection with an FIR for offences under Sections 406, 420, 467, 468, 471, 120-B of the Indian Penal Code. The petitioner had already deposited the disputed amount.
Finding of the Court:
The court found it to be a fit case for grant of anticipatory bail to the petitioner and allowed the bail application under Section 438 Cr.P.C. with specific conditions.
Issues: The main issue was whether the petitioner should be granted anticipatory bail in connection with the mentioned FIR.
Ratio Decidendi: The court considered the facts and circumstances of the case, the arguments advanced at the bar, and the petitioner's deposit of the disputed amount in granting anticipatory bail.
Final Decision: The bail application under Section 438 Cr.P.C. was allowed, and specific conditions were imposed for the petitioner's release on bail.
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.294/2021, Police Station Shahpura, District Bhilwara, for the offences under Sections 406, 420, 467, 468, 471, 120-B of Indian Penal Code.
2. Learned counsel for the petitioner submits that the petitioner has already deposited the disputed amount, in such circumstances, no useful purpose will be served by sending the petitioner in jail for an indefinite period. Thus, the petitioner may be released on anticipatory bail.
3. Learned Public Prosecutor has 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 Sharad Upadhyay S/o Shri Ravi Shanker Upadhyay in connection with F.I.R. No.294/2021 of Police Station Shahpura, District 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 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.
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.
Anticipatory bail may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
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