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MANOJ KUMAR GARG
Prem Prakash Bidiyasar – Appellant
Versus
State of Rajasthan – Respondent
Headnote: Read headnote
ORDER :
1. This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with CR No. 288/2015, Police Station Ratanada, Jodhpur East for the offences under Sections 420 , 406, 467, 468 471 and 120B IPC.
2. Learned counsel for the petitioners submits that the present petitioners have been falsely implicated in this case. It is argued that the petitioners neither prepared any forged documents nor put any signature of any person for the purpose of cheating. It is submitted that the complainant had misappropriate the money of the company and in this regard, the petitioner no. 1 lodged FIRs against the complainant at different police stations and as a counterblast the complainant has lodged the present FIR against the petitioners. It is also argued that the complainant wa
Anticipatory bail is not granted when the accused is evading arrest, and such evasion undermines the investigation due to serious allegations of conspiracy and fraud.
Anticipatory bail may be denied when there is substantial evidence of criminality and no indication of false implication.
The court established that anticipatory bail can be granted when the accused demonstrates cooperation with the investigation and when the investigation has been unduly prolonged.
The power of anticipatory bail is an exceptional power that should be exercised only in exceptional cases where there is a possibility of misuse or abuse of the court's process.
Bail applications in subordinate courts should be decided within one week and in High Courts within two-three weeks.
The court denied anticipatory bail, highlighting the serious nature of allegations and ongoing investigations, emphasizing potential interference with evidence and witness tampering.
The main legal point established is that the custodial interrogation for anticipatory bail may not be necessary if the allegations are related to a banking transaction and if the co-accused has alrea....
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