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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Praveen – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 8556 of 2022
Decided On : 02-12-2022
Anticipatory Bail - Section 438 Cr.P.C. - Denial of bail based on severity of injury and specific averment by the injured
Fact of the Case:
The petitioner filed an anticipatory bail application apprehending arrest in connection with a case involving multiple offenses under the IPC. The petitioner claimed to be falsely implicated.
Finding of the Court:
The court, after considering the submissions and material on record, denied the anticipatory bail application based on the severity of the injury, specific averment by the injured, and the extraordinary nature of the power under Section 438 Cr.P.C.
Issues: False implication, severity of injury, misuse of liberty, extraordinary nature of Section 438 Cr.P.C.
Ratio Decidendi: The court emphasized that anticipatory bail is granted only in exceptional cases where there are reasonable grounds to believe that the accused may be falsely implicated or is not likely to misuse their liberty.
Final Decision: The anticipatory bail application under Section 438 Cr.P.C. was dismissed.
JUDGMENT
Manoj Kumar Garg, J. - This anticipatory bail application under Section 438 Cr.P.C. has been filed by the petitioner apprehending his arrest in connection with FIR No. 175/2020, Police Station Rajgarh, District Churu for offences under Sections 452, 323, 324, 326, 307, 379 and 34 of IPC.
2. Learned counsel for the petitioner submits that a false averment has been made by the injured as also a false report was made by the complainant to the effect that injured received grievous injury which is dangerous to life. Counsel submits that the petitioner has been falsely implicated in this case. Therefore, the petitioner may be enlarged on anticipatory bail.
3. Per contra, learned Public Prosecutor as also learned counsel for the complainant have vehemently opposed the bail application.
4. Having considered the rival submissions made by the learned counsel for the parties and material available on record, in the facts and circumstances of the case, particularly looking to the fact that according to the injury report of injured, he received one injury by sharp edged weapon on his head and as per X-report, the said injury has been described to be grievous and dangerous to life; and according to the statement of injured a specific averment has been made that this injury has been caused by the present petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
5. It is well settled that the power exercisable under Section 438 Cr.P.C. is somewhat extraordinary in character and it is only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his liberty. It is also well settled that ordinarily, arrest is a part of the process of investigation intended to secure several purposes and it may be necessary to curtail the freedom of an accused in order to enable the investigation to proceed without hindrance and prevent the disappearance of the accused.
6. In view of the above, the anticipatory bail application preferred by the petitioner under Section 438 Cr.P.C. is hereby dismissed.
The court established that in cases involving serious charges and grievous injuries, the necessity for custodial interrogation can outweigh claims of false implication.
Grant of anticipatory bail based on the possibility of false implication and the applicant's willingness to abide by stringent conditions.
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'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.
The severity of injuries and attribution of the injuries to the petitioner are crucial factors in determining the grant of pre-arrest bail.
Anticipatory bail may be granted when an accused is not specifically linked to life-threatening injuries, holds clean antecedents, and exhibits a willingness to cooperate with the custodial investiga....
The main legal point established in the judgment is the court's discretion to grant anticipatory bail under Section 438 of the Criminal Procedure Code, 1973, based on the circumstances of the case an....
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 denied anticipatory bail due to evidence of grievous harm and insufficient grounds for claim of false implication.
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