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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Gurpreet Kaur – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2128 of 2022
Decided On : 02-03-2022
Anticipatory Bail - Grant of Anticipatory Bail - 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 FIR No. 122/2021 for offences under Sections 420, 406, and 120-B of IPC. The petitioner argued similarity to co-accused who were granted anticipatory bail and emphasized being a lady as a reason for bail.
Finding of the Court:
The court found it to be a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C. and allowed the bail application with specific conditions.
Issues: The main issue was whether the petitioner should be granted anticipatory bail in connection with the mentioned FIR and offences.
Ratio Decidendi: The court considered the facts and circumstances of the case, the arguments advanced at the bar, and the similarity to co-accused who were granted anticipatory bail in reaching the decision to grant anticipatory bail to the petitioner.
Final Decision: The bail application was allowed, and the petitioner was directed to be released on bail upon fulfilling specific conditions.
JUDGMENT
Manoj Kumar Garg, J. - This anticipatory bail application has been filed by the petitioner apprehending her arrest in connection with FIR No. 122/2021, Police Station Gajsinghpur, Distt. Sri Ganganagar for the offences under Sections 420, 406 and 120-B of IPC.
2. Learned counsel for the petitioner submits that the similarly situated co-accused Jaswindra Singh & Harmeet Singh have already been granted anticipatory bail by this Court and the case of the present petitioner is also similar to that of co-accused. Counsel further submits that the petitioner is a lady and no useful purpose would be served by sending the petitioner behind the bars for indefinite time. Thus, the petitioner may be released on anticipatory bail.
3. Learned Public Prosecutor vehemently opposed the prayer for anticipatory bail.
4. Heard the 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 is allowed and it is directed that in the event of arrest of petitioner Gurpreet Kaur W/o Shri Jaswindra Singh in connection with FIR No.122/2021, Police Station Gajsinghpur, Distt. Sri Ganganagar, 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.
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 advanced at the bar.
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.
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 presented.
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 may grant anticipatory bail considering the compromise arrived at between the parties and the facts and circumstances of the case.
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 may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
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