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RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Mohd. Yusuf & Ors. - Appellants
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 6309 of 2021
Decided On : 16-11-2021
BAIL - ANTICIPATORY BAIL - The court granted anticipatory bail to petitioner No.2, Shabana Banu, under Section 438 Cr.P.C., emphasizing the need for cooperation in the investigation and the absence of necessity for custodial interrogation. The court balanced the rights of the accused with the interests of justice, allowing bail while imposing conditions to ensure compliance with the investigation process.
Fact of the Case:
The anticipatory bail application was filed by the petitioners fearing arrest in connection with FIR No.157/2021 for offences under Sections 420 & 406 IPC. Petitioner No.1, Mohd. Yusuf, did not press the application, leading to its dismissal.
Finding of the Court:
The court found that petitioner No.2, Shabana Banu, was willing to cooperate with the investigation and deemed it appropriate to grant her anticipatory bail, without commenting on the merits of the case.
Issues: Whether anticipatory bail should be granted to petitioner No.2, considering the nature of the allegations and her willingness to cooperate with the investigation.
Ratio Decidendi: The court held that anticipatory bail can be granted when the accused is not likely to evade the investigation and there is no necessity for custodial interrogation, balancing the rights of the accused with the interests of justice.
Result: The bail application for petitioner No.2 was allowed, subject to conditions including cooperation with the investigation and restrictions on leaving the country.
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 anticipatory bail.
7. Accordingly, the bail application qua petitioner No.2 is allowed and it is ordered that in the event of arrest of accused- petitioner Shabana Banu W/o Mohd. Yusuf in connection with FIR No.157/2021, Police Station Bilara, Distt. Jodhpur, she shall be enlarged on bail provided she furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer on the following conditions:-
2. 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 her from disclosing such facts to the court of to any police officer.
3. That the petitioner shall not leave India without the prior permission of the Court.
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.
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