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RAJASTHAN HIGH COURT
Narendra Singh Dhaddha, J.
Jaswant Singh - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 4163 of 2021
Decided On : 05-10-2021
BAIL - ANTICIPATORY BAIL - The court granted anticipatory bail under Section 438 Cr.P.C. for the petitioner accused of robbery, emphasizing the need for personal bond and conditions to ensure cooperation with the investigation while not expressing any opinion on the merits of the case.
Fact of the Case:
The petitioner, Jaswant Singh, sought anticipatory bail in connection with FIR No.53/2021 for alleged robbery under Section 392 IPC, claiming false implication and compliance with investigation requirements.
Finding of the Court:
The court found it just to allow the anticipatory bail application, considering the circumstances and arguments presented, without delving into the case's merits.
Issues: Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. given the allegations against him and his cooperation with the investigation.
Ratio Decidendi: The court highlighted that anticipatory bail can be granted when the accused is not likely to abscond and has cooperated with the investigation, ensuring that conditions are imposed to safeguard the investigation process.
Result: The anticipatory bail application was allowed, subject to the petitioner providing a personal bond and adhering to specific conditions.
JUDGMENT
Narendra Singh Dhaddha, J. - The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.53/2021 registered at Police Station Balesar, Jodhpur (Rural) for the offence(s) under Section 392 IPC.
2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Learned counsel for the petitioner also submits that petitioner had joined the investigation as per direction of this court. Nothing is to be recovered from the petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to allow the anticipatory bail application.
5. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Balesar, Jodhpur (Rural) in F.I.R. No.53/2021 is directed that in the event of arrest of the petitioner Jaswant Singh S/o Lal Singh, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station 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 under Section 438 Cr.P.C. can be granted when the accused demonstrates cooperation with the investigation and there are no grounds for apprehension of flight or tampering with evide....
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 central legal point established in the judgment is the grant of anticipatory bail under Section 438 Cr.P.C. based on the compromise reached by the parties and the facts and circumstances of the c....
The court's decision was influenced by the petitioners' cooperation with the investigation and the finding that custodial interrogation was unnecessary for the offence under Sections 354 I.P.C.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments presented.
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 established that bail can be granted under Section 439 Cr.P.C. when the circumstances indicate that the accused is not a flight risk and the trial is expected to be prolonged.
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