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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Koyali Devi – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 3000 of 2022
Decided On : 23-03-2022
Anticipatory Bail - F.I.R. No.277/2016, Police Station Udaimandir, District Jodhpur - The court granted anticipatory bail to an 82-year-old petitioner, considering her old age ailments and the lack of purpose in sending her to jail for an indefinite period.
Fact of the Case:
The petitioner, an 82-year-old lady, filed an anticipatory bail application fearing arrest in connection with F.I.R. No.277/2016, for offenses under Sections 420, 406, 120B I.P.C.
Finding of the Court:
The court, after considering the facts and circumstances of the case and the arguments presented, 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 considering her age and ailments, despite opposition from the Public Prosecutor and the complainant's counsel.
Ratio Decidendi: The court found it to be a fit case for grant of anticipatory bail to the petitioner, taking into account her age and health condition.
Final Decision: The bail application under Section 438 Cr.P.C. was allowed, and the petitioner was directed to 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 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 W/o Late Shri Bhaira Ram Ji in connection with F.I.R. No.277/2016, Police Station Udaimandir, District Jodhpur, the petitioner shall be released on bail; provided she 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.
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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