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CHANDRA KUMAR SONGARA
Gopinath – Appellant
Versus
State Of Rajasthan – Respondent
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
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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