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MANOJ KUMAR GARG
Koyali Devi – 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 her arrest in connection with F.I.R. No.277/2016, Police Station Udaimandir, District Jodhpur, for the offences under Sections 420, 406, 120B I.P.C.
2. Learned counsel for the petitioner submits that the petitioner is an old lady aged 82 years and is suffering from several old age ailments. 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 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 Smt. Koyali Devi
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.
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 considering the compromise arrived at between the parties and the facts and circumstances of the case.
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.
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....
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 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....
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