Back
MANOJ KUMAR GARG
Mohd. Yusuf – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - This anticipatory bail application under Section 438 Cr.P.C. has been filed by the petitioners apprehending their arrest in connection with FIR No.157/2021, Police Station Bilara, Distt. Jodhpur for the offences under Sections 420 & 406 IPC.
2. Learned counsel for the petitioners does not want to press the present bail application qua petitioner No.1-Mohd. Yusuf. Accordingly, the present bail application qua the petitioner No.1 is dismissed as not pressed.
3. So far as petitioner No.2 is concerned, learned counsel for the petitioner submits that she is lady and no custodial interrogation is required. The petitioner No.2-Shabana Banu is ready to cooperate in the investigation. She may be extended the banefit of pre-arrest bail.
4. Learned Public Prosecutor as well as learned counsel for the complainant oppose the prayer made by the petitioner.
5. I have considered the arguments advanced by counsel for both the parties and gone through the material available on record.
6. Looking to all the facts and circumstances of the case, without commenting on the merit of the case, I deem it just and proper to enlarge the accused-petitioner No.2-Shabana Banu on anticip
Anticipatory bail can be granted under Section 438 Cr.P.C. when the accused is cooperative and custodial interrogation is not necessary, ensuring a balance between individual rights and the integrity....
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.
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.
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 considered the lack of specific allegations against the accused-petitioner, her lack of criminal antecedents, and the interim protection granted to her in a cross FIR as justifying the gran....
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'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.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
