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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Mahendar Kumar Goyal, J.
Ravindra Sain - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 14194/2021
Decided On : 29-09-2021
ANTICIPATORY BAIL - CRIMINAL PROCEDURE - The court granted anticipatory bail to the petitioner, emphasizing the civil nature of the dispute and the existence of a compromise between the parties. The court highlighted that custodial interrogation was not warranted and allowed bail under specific conditions, reflecting the legal principle that anticipatory bail can be granted when the nature of the case does not necessitate arrest.
Fact of the Case:
The petitioner sought anticipatory bail in connection with FIR No. 260/2017 for offenses under IPC sections 420, 467, 468, 471, and 120-B, arguing that the matter was of a civil nature and had been compromised.
Finding of the Court:
The court noted the amicable settlement between the parties and the release of co-accused on pre-arrest bail, deciding to grant anticipatory bail to the petitioner without commenting on the case's merits.
Issues: Whether the petitioner should be granted anticipatory bail considering the nature of the allegations and the existence of a compromise between the parties.
Ratio Decidendi: The court determined that anticipatory bail is appropriate when the allegations are of a civil nature and custodial interrogation is not necessary, thus allowing the petitioner to be released on bail under specified conditions.
Result: The anticipatory bail application was allowed, with the petitioner required to furnish a personal bond and comply with certain conditions.
JUDGMENT
This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No. 260/2017 registered at Police Station Suket District Kota (Rural) for the offence(s) under Section(s) 420, 467, 468, 471 & 120-B IPC.
It is contended by learned counsel for the petitioner that the dispute, purely of civil nature, has already been compromised between the contesting parties and he, being Patwari, entered mutation in the name of the purchaser on the basis of the sale deed. He submits that custodial interrogation of the petitioner is not warranted and prayed for his release on pre-arrest bail.
Learned Public Prosecutor has opposed the bail application.
Taking into consideration the submissions advanced by learned counsel for the petitioner, amicable settlement of dispute between the contesting respondents as is evident from a copy of the compromise available in the file of S.B. Criminal Misc. Bail Application No.5554/2019 and release of co-accused persons on pre-arrest bail by this Court; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on pre-arrest bail.
Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of petitioner in connection with afore-mentioned FIR registered at concerned Police Station the petitioner Ravindra Sain S/o Shri Bhawani Shankar shall be released on bail; provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) along with two sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions:-
(ii). that the petitioner 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 shall not leave India without previous permission of the court.
Anticipatory bail can be granted in cases where the allegations are primarily civil in nature and do not warrant custodial interrogation.
The court may grant anticipatory bail based on an amicable settlement of a civil dispute and the role of the petitioner in the case.
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 court may grant anticipatory bail considering the compromise arrived at between the parties and the facts and circumstances of the case.
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 presented.
Anticipatory bail can be granted under Section 438 Cr.P.C. when the accused cooperates with the investigation and the allegations do not justify custodial interrogation.
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 the applicant's role is not established and there's a lack of substantial evidence.
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