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ANIL KUMAR UPMAN
Girraj Agarwal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Petitioner has filed this miscellaneous bail application under Section 438 Cr.P.C.
2. F.I.R. No. 488/2022 was registered at Police Station Vaishali Nagar, District Jaipur (West) for offences under Sections 420 , 406 & 120-B of IPC. Later on, offences under Sections 467 , 468 & 471 of IPC have also been added.
3. It is contended by counsel for the petitioner that the petitioner has falsely been implicated in this case and no case is made out against the petitioner. It is further contended that there is civil dispute between the petitioner and the complainant. It is further contended that alleged lease deeds (pattas) were kept in lien to fulfil the requirement of Township Policy, 2010 and lease deeds have now been released by JDA. Complainant can obtain the same from JDA after fulfilling the formalities. It is further contended that an application under Section 37 of the POLICE ACT was filed by the investigation agency before the concerned Magistrate for obtaining warrant of arrest against the petitioner but the same was dismissed by the Court vide order dated 17.12.2022 but without any change in circumstances, on 10.01.2023, warrant under Section 37 of the POLICE ACT h
The court reaffirmed that anticipatory bail can be granted in serious offences unless specifically excluded by law, and that the discretion to grant bail must consider the individual circumstances of....
The main legal point established is that the applicant's apprehension of arrest was valid, and the court emphasized the importance of considering applications for bail on merits, regardless of the ac....
If anyone is declared as an absconder/proclaimed offender in terms of Section 82 of Cr.P.C., he is not entitled to relief of anticipatory bail.
Point of Law : Bail - Power under Section 438 CrPC is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre arrest bail should be granted only in exceptional cas....
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