Anticipatory bail can be granted under Section 438 Cr.P.C. when the accused demonstrates cooperation with the investigation and there is no necessity for custodial interrogation.

JUDGMENT

Sandeep Mehta, J. - Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel representing the complainant and perused the material available on record.

2. This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.78/2019 Police Station Bagra, District Jalore for the offences under Sections 420, 467, 468, 471, 474 and 120-B IPC.

3. The prosecution has come out with a case that the petitioner submitted fabricated documents for contesting the election of Sarpanch in the year 2015. Previously, an FIR No.78/2015 was registered against the petitioner with these very allegations. In the said FIR, after thorough investigation, the IO submitted a negative final report which has been accepted by the court concerned. Thereafter, in the year 2019, a fresh FIR came to be registered with the very same allegation that the petitioner presented fabricated documents for contesting elections and that signatures of one Otaram as appended on the marksheet were forged. On the strength of these allegations, the FIR came to be registered and the IO seeks to arrest the petitioner in this case.

4. Learned counsel Shri Thakur vehemently and fervently opposed this pre-arrest bail application and urges that the petitioner does not deserve indulgence of pre-arrest bail.

5. On going through the case diary, it is apparent that all requisite steps of investigation have been undertaken from the petitioner who cooperated with the IO. The petitioner is a 73 years old lady. She has already completed the tenure as a Sarpanch. Thus, there appears to be no requirement of custodial investigation from the present petitioner.

6. Having regard to the entirety of facts and circumstances as available on record, this Court is of the opinion that it is a fit case to extend the benefit of pre-arrest bail to the petitioner under Section 438 Cr.P.C.

7. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Jadav Kanwar W/o Shri Umrao Khan in connection with F.I.R. No.78/2019 registered at Police Station Bagra, District Jalore, the petitioner shall be released on bail; provided she furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

(i). that the petitioner(s) shall make himself available for interrogation by a police officer as and when required;

(ii). that the petitioner(s) 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(s) shall not leave India without previous permission of the court.