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MAHENDAR KUMAR GOYAL
Kaluram Meena – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Mahendar Kumar Goyal, J. - This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.200/2020 registered at Police Station Tunga, District Jaipur City (East) for the offence under Section(s) 354, 354B, 354C & 506 of IPC and Section 66E of I.T. Act.
2. Learned counsel for the petitioner submits that he has falsely been implicated in this case. He submitted that in pursuance of direction of this Court dated 10.09.2021, he has joined the investigation, has co-operated therein and his custodial interrogation is not warranted. He, therefore, prayed for release of the petitioner on pre-arrest bail.
3. Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by the
4. learned counsel for the petitioner, the nature of allegation against him, the material contained in the case diary especially the statement of the prosecutrix recorded under Section 164 Cr.P.C. which is bereft of any allegation against the petitioner; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on anticipatory bail under
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.
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.
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 in cases where the allegations are primarily civil in nature and do not warrant custodial interrogation.
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 granted anticipatory bail based on the prosecutrix's voluntary actions, emphasizing the importance of her being a major in the decision.
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 is granted when allegations lack substantial evidence, emphasizing cooperation with the investigation and compliance with court conditions.
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