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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Chandra Kumar Songara, J.
Kishanlal Gupta @ Kishan Chand - Appellant
Versus
State of Rajasthan, Through P. P. - Respondent
S.B. Criminal Miscellaneous Bail Application No. 8786/2021
Decided On : 20-07-2021
BAIL - ANTICIPATORY BAIL - The court granted anticipatory bail under Section 438 Cr.P.C. considering the petitioner's age, lack of criminal antecedents, and the delay in filing the FIR. The court emphasized the need for a fair investigation while ensuring the petitioner’s rights are protected, leading to the decision to allow bail with specific conditions.
Fact of the Case:
The anticipatory bail application was filed in connection with FIR No.324/2014 for serious offences under IPC, after a year of the FIR being lodged. The petitioner, a retired senior citizen with no prior criminal record, sought bail after the police submitted a negative final report, which was contested by the complainant.
Finding of the Court:
The court found it just to grant anticipatory bail, considering the circumstances of the case, the petitioner's age, and the absence of criminal history, while also noting the ongoing civil disputes between the parties.
Issues: Whether the petitioner is entitled to anticipatory bail given the nature of the charges and the circumstances surrounding the FIR.
Ratio Decidendi: The court held that anticipatory bail can be granted when the petitioner is a senior citizen with no criminal antecedents, and when the investigation is ongoing without any immediate threat of arrest.
Result: The anticipatory bail application was allowed, with the petitioner required to furnish a personal bond and comply with specific conditions during the investigation.
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 granted.
On the other hand, learned Public Prosecutor and learned counsel for the complainant have strongly opposed the bail application.
Taking into consideration the submissions made by the learned counsel for the petitioner and looking to the facts and circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on anticipatory bail.
Accordingly, this anticipatory bail application is allowed and it is ordered that in case of arrest of the petitioner Kishanlal Gupta @ Kishan Chand S/o Gopal Chand in FIR No.324/2014, registered at Police Station, Kaman, District Bharatpur by the investigation officer, he shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs 25,000/- each to the satisfaction of concerned SHO/IO on the following conditions:
ii) That the petitioner will not leave India without permission of the Court.
iii) That the petitioner will not temper with the evidence or threaten or pressurize the witnesses in the case.
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.
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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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