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MAHENDAR KUMAR GOYAL
Dharmendra Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No. 107/2019 registered at Police Station Head Central Office, Anti Corruption Bureau, Jaipur District Chowki ACB, Bundi for the offence(s) under Section(s) 7 & 7A of the Prevention of Corruption (Amended) Act, 2018 and Section 120-B IPC.
2. It is contended by learned counsel for the petitioner that he has falsely been implicated in this case and as a matter of fact, neither the co-accused persons demanded the money for him nor, any trap proceeding was carried out against him. He submitted that the petitioner has joined the investigation in pursuance of direction of this Court, has cooperated 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.
4. Taking into consideration the submissions advanced by the learned counsel for the petitioner, the nature of allegation against him, material contained in the case diary and the factum of his joining the investigation and cooperation therein; but, without expressing any opinion
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.
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 in cases where the allegations are primarily civil in nature and do not warrant custodial interrogation.
The court may grant anticipatory bail based on an amicable settlement of a civil dispute and the role of the petitioner in the case.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Anticipatory bail can be granted when the applicant's role is not established and there's a lack of substantial evidence.
Anticipatory bail is granted under specific conditions when custodial interrogation is deemed unnecessary following a completed investigation.
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.
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