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RAMESHWAR VYAS
Teja Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Rameshwar Vyas, J. - Both the above mentioned bail applications shall stand decided by this common order as they arise out of the same F.I.R.
2. These applications for anticipatory bail under Section 438 of Cr.P.C. have been filed by the petitioners apprehending their arrest in connection with F.I.R. No. 128/2020, Police Station Siwana, District Barmer for the offences under Sections 420, 467, 468, 471 & 120-B of I.P.C.
3. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
4. Learned counsel for the petitioners submits that the investigation in the matter has been completed. One civil litigation regarding alleged forged patta is pending between the parties, in which there is stay granted in favour of Peeru Khan. The possession of the land is also with Peeru Khan. He further submits that the dispute is originally of civil nature. In the circumstances, learned counsel for the petitioners prays to release the petitioners on anticipatory bail.
5. Learned Public Prosecutor opposes the bail applications. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, without c
Anticipatory bail under Section 438 of Cr.P.C. can be granted when the investigation is complete and the allegations are primarily civil in nature, provided certain conditions are met.
The court's decision was influenced by the specific allegations, lack of signatures on the document, and the arguments presented in the case.
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.
Anticipatory bail may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
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 based on the compromise between the parties and the petitioner's cooperation with the investigation.
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