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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Aruna Purohit & Ors. – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 12108 of 2022
Decided On : 02-01-2023
Anticipatory Bail - Compromise Arrived - The court granted anticipatory bail to the petitioners under Section 438 Cr.P.C. considering the compromise between the parties and the petitioners' cooperation with the investigation.
Fact of the Case:
The petitioners filed for anticipatory bail in connection with FIR No.437/2019 for offences under Sections 420, 467, 468, 471, 120-B of IPC. The petitioners had already joined the investigation and a compromise had been reached between the parties.
Finding of the Court:
The court found it to be a fit case for grant of anticipatory bail to the petitioners under Section 438 Cr.P.C. and directed their release on bail upon certain conditions.
Issues: Anticipatory bail application, compromise between parties, cooperation with investigation, opposition by Public Prosecutor, concurrence by complainant's counsel.
Ratio Decidendi: The court considered the compromise between the parties and the petitioners' cooperation with the investigation as grounds for granting anticipatory bail.
Final Decision: The bail application was allowed, and the petitioners were directed to be released on bail upon fulfilling specified conditions.
JUDGMENT
Manoj Kumar Garg, J. - This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with FIR No.437/2019 lodged at Police Station Udaimandir, District Jodhpur for the offences under Sections 420, 467, 468, 471, 120-B of IPC.
2. Learned counsel for the petitioners submits that compromise has arrived between the parties and petitioners have already joined the investigation. In such circumstances, no useful purpose would be served by sending the petitioners behind the bars for indefinite time. Thus, the petitioners may be released on anticipatory bail.
3. Learned Public Prosecutor has opposed the prayer for anticipatory bail but learned counsel for the complainant concurs the fact of compromise..
4. 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 petitioners under Section 438 Cr.P.C.
5. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioners (1) Aruna Purohit W/o Late Sh. Anand Kishore Purohit, (2) Amit Purohit S/o Late Sh. Anand Kishore Purohit & (3) Ankit Purohit S/o Late Sh. Anand Kishore Purohit, in connection with FIR No.437/2019 lodged at Police Station Udaimandir, District Jodhpur, the petitioners shall be released on bail; provided they furnish personal bond in the sum of Rs.1,00,000/- each 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 petitioners shall make themselves available for interrogation by a police officer as and when required;
(ii) that the petitioners 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 them from disclosing such facts to the court or any police officer; and
(iii) that the petitioners shall not leave India without previous permission of the court.
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.
The court may grant anticipatory bail considering the compromise arrived at between the parties and the facts and circumstances of the case.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments presented.
The court's decision was influenced by the specific allegations, lack of signatures on the document, and the arguments presented in the case.
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.
Anticipatory bail can be granted when there is insufficient evidence to warrant custodial interrogation, emphasizing the presumption of innocence and the right to personal liberty.
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's decision was influenced by the timing of the incident, the filing of the FIR, and the applicant's willingness to cooperate in the investigation in granting anticipatory bail.
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