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CHANDRA KUMAR SONGARA
Kishanlal Gupta @ Kishan Chand – Appellant
Versus
State of Rajasthan, Through PP – Respondent
JUDGMENT
This anticipatory bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.324/2014, registered at Police Station, Kaman, District Bharatpur for the offences under Sections 467, 468, 471, 420 & 120-B of IPC.
Learned counsel for the petitioner submits that the complainant lodged the FIR after one year and there are Civil and Revenue cases pending before different courts between the complainant and Khursheedan. After investigation, the Police submitted F.R. bearing No.206/2015 and after filing the F.R., the complainant submitted the protest petition against the Negative Final Report and after hearing, the learned court below, reopened the case for further investigation. Counsel further submits that the petitioner is a retired person and acted in his official capacity. Counsel also submits that the petitioner is a senior citizen aged about 64 years and there is no criminal antecedents against the petitioner. It is further submitted that the anticipatory bail application of co-accused Khaimsingh has already been granted by the coordinate bench of this court vide order dated 17.05.2021. Hence, the anticipatory bail application of the petitioner may be g
Anticipatory bail can be granted under Section 438 Cr.P.C. when the petitioner demonstrates a lack of criminal history and the circumstances do not warrant immediate arrest.
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.
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 court considered the lack of evidence supporting the serious nature of the alleged injuries and the finding that the ingredients of Section 307 of the IPC were not made out against the applicant ....
The court may grant anticipatory bail based on factors such as the age of the applicant and the lack of overt act in the alleged offence.
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 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....
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