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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Sanjay – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.331/2024 registered at Police Station Chittorgarh, District Chittorgarh for the offences under Sections 115(2), 126(2) and 74 of BNS.
2. Learned counsel for the petitioner submitted that the complainant filed a written complaint at P.S. Chittorgarh, Dist. Chittorgarh alleging therein that a patta has been issued for a residential house in the name of complainant’s mother by the Gram Panchayat, Nagana. The complainant and his mother were in need of home loan. The present petitioner came in their contact and offered a home loan at a lower rate of interest and took a sum of Rs.20,000/- in cash as advance and also the requisite documents. Thereafter, the complainant’s brother paid him Rs.2,500/- on Phonepe but home loan was not sanctioned in the name of Chandi Bai.
3. Learned counsel submitted that the petitioner has falsely been implicated in the present case. No offence as alleged has been made out as the requisite documents have already been handed over by the petitioner to the concerned loan department. The amount paid to the petitioner by the complainant a
Anticipatory bail may be granted when the accused cooperates with the investigation and incarceration serves no fruitful purpose.
The court determined that anticipatory bail was not warranted due to the absence of an FIR and directed the police to conduct an inquiry per established guidelines.
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.
The court granted anticipatory bail based on the prosecutrix's voluntary actions, emphasizing the importance of her being a major in the decision.
The court granted anticipatory bail, emphasizing that the petitioner had joined the investigation and no recovery was pending, thus no purpose would be served by incarceration.
Anticipatory bail granted as custodial investigation not required; petitioners implicated as witnesses in alleged forgery, not beneficiaries.
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.
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