MANOJ KUMAR GARG
Prem Prakash Bidiyasar – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. application for anticipatory bail regarding false implications. (Para 1) |
| 2. petitioners claim false implication and counter accusations. (Para 2) |
| 3. prosecution argues clear case of fraud against petitioners. (Para 3) |
| 4. prima facie case points to petitioners' involvement in fraud. (Para 4 , 5) |
| 5. legal standards for anticipatory bail and evidence against petitioner. (Para 6 , 7) |
| 6. dismissal of bail application for petitioner no. 1, approval for no. 2. (Para 8) |
| 7. conditions set for anticipatory bail for petitioner no. 2. (Para 9) |
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
Anticipatory bail granted as custodial investigation not required; petitioners implicated as witnesses in alleged forgery, not beneficiaries.
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.
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