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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Mahendar Kumar Goyal, J.
Dharmendra Singh - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 10957 of 2021
Decided On : 24-09-2021
ANTICIPATORY BAIL - PREVENTION OF CORRUPTION - The court granted anticipatory bail to the petitioner under Section 438 Cr.P.C., considering the nature of allegations, the petitioner's cooperation in the investigation, and the absence of a direct demand for bribes against him. The decision emphasized the importance of balancing the rights of the accused with the need for effective investigation in corruption cases.
Fact of the Case:
The petitioner sought anticipatory bail in connection with an FIR for offenses under the Prevention of Corruption Act and IPC, claiming false implication and lack of evidence against him.
Finding of the Court:
The court found that the petitioner had cooperated with the investigation and that the allegations did not warrant custodial interrogation, allowing for anticipatory bail.
Issues: Whether the petitioner should be granted anticipatory bail considering the nature of the allegations and his cooperation with the investigation.
Ratio Decidendi: The court held that anticipatory bail can be granted when the accused cooperates with the investigation and when the nature of the allegations does not necessitate custodial interrogation.
Result: The bail application was allowed, and the petitioner was granted anticipatory bail subject to certain conditions.
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 on the merits of the case, this Court deems it just and proper to enlarge the petitioner on anticipatory bail under Section 438 Cr.P.C.
5. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner in connection with aforementioned FIR registered at concerned Police Station the petitioner Dharmendra Singh S/o Shri Kanhaiya Lal shall be released on bail; provided he furnishes a personal bond in the sum of Rs 1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-
(ii). 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 him from disclosing such facts to the court or any police officer; and
(iii). that the petitioner shall not leave India without previous permission of the court.
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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