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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Chandra Kumar Songara, J.
Gopinath & Ors. – Appellants
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Miscellaneous Bail Application No. 2812 of 2022 and S.B. Criminal Miscellaneous Bail Application No. 2813 of 2022
Decided On : 03-03-2022
Anticipatory Bail - Land Dispute - The court granted anticipatory bail to the accused-petitioners in connection with a land dispute case, considering their status as bona fide purchasers and old aged persons with no criminal antecedents.
Fact of the Case:
The accused-petitioners sought anticipatory bail in connection with a land dispute case involving allegations under Sections 420, 467, 468 & 120-B of IPC. The petitioners claimed to be bona fide purchasers who obtained possession over the land-in-dispute based on the patta issued by the Gram Panchayat.
Finding of the Court:
The court, without expressing any opinion on the merits and demerits of the case, granted anticipatory bail to the accused-petitioners, considering their submissions and the facts and circumstances of the case.
Issues: The main issue was whether the accused-petitioners should be granted anticipatory bail in the land dispute case despite strong opposition from the public prosecutor and the complainant.
Ratio Decidendi: The court considered the status of the accused-petitioners as bona fide purchasers, their old age, lack of criminal antecedents, and the fact that the bail application of a co-accused had already been granted.
Final Decision: The anticipatory bail applications of the accused-petitioners were allowed, and they were ordered to be released on bail upon arrest, subject to specified conditions.
ORDER
1. These anticipatory bail applications have been filed under Section 438 Cr.P.C. in connection with FIR No. 03/2021 registered at Police Station Surwal, District Sawaimadhopur for the offences under Sections 420, 467, 468 & 120-B of IPC.
2. Learned counsel for the petitioners submits that the petitioners are bona fide purchasers and they have obtained patta after depositing the requisite fees. The petitioners have taken possession over the land-in-dispute relying on the patta issued to them by the concerned Gram Panchayat. The petitioners are old aged persons and they have no criminal antecedents. The bail application of co-accused Basanti Devi has already been granted by this Court vide order dated 17.02.2022. Hence, the anticipatory bail applications of the accused-petitioners may be granted.
3. On the other hand, learned Public Prosecutor as well as learned counsel for the complainant both have strongly opposed the bail applications.
4. Heard learned counsel for the parties and perused the material available on record.
5. Considering the submissions made by the learned counsel for the petitioners and looking to the facts and circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioners on anticipatory bail.
6. Accordingly, these anticipatory bail applications are allowed and it is ordered that in case of arrest of the petitioners Gopinath S/o Mishrya, Ramdayal S/o Surajmal and Ramesh Chand Jangid S/o Ramnarayan Jangid in the aforesaid FIR, the accused- petitioners shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of concerned SHO/IO on the following conditions:
i) That the petitioners will make themselves available for the investigation as and when required by the investigation officer.
ii) That the petitioners will not leave India without permission of the Court.
iii) That the petitioners will not temper with the evidence or threaten or pressurize the witnesses in the case.
The court may grant anticipatory bail to accused individuals based on their status as bona fide purchasers, lack of criminal antecedents, and other relevant circumstances, without expressing any opin....
Anticipatory bail under Section 438 of Cr.P.C. can be granted when the investigation is complete and the allegations are primarily civil in nature, provided certain conditions are met.
Anticipatory bail is warranted when allegations are primarily civil in nature and do not justify detention.
The court granted anticipatory bail to the applicants, emphasizing the need for cooperation with the investigation and restrictions on witness contact.
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's decision was influenced by the nature of the allegations, role attributed to the accused, and the settlement arrived at between the parties, as well as the relevant legal provisions and p....
The court may grant anticipatory bail based on the compromise between the parties and the petitioner's cooperation with the investigation.
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.
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