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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Virendra – 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.15/2024 registered at Police Station Luni, Jodhpur City West, for the offences under Section 3/7 of the Essential Commodities Act and Section 4/5 of the Motor Spirit and High-Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order and Section 420 IPC.
2. Drawing attention of the Court towards the FIR, learned counsel for the petitioner submitted that the petitioner is an innocent person and has falsely been implicated in the present case. No case for the alleged offences under Section 3/7 of the Essential Commodities Act and under Section 4/5 of the Motor Spirit and High-Speed Diesal (Regulation of Supply and Distribution and Prevention of Malpractices) Order and Section 420 IPC is made out against the petitioner. The petitioner in compliance of this Court’s order dated 01.03.2024 has already joined the investigation and submitted all the requisite documents before the investigating agency.
3. Learned counsel submitted that since the petitioner has already joined the investigation and no recovery is due to be made from him and
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 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 is justified when the accused cooperates with the investigation and custodial interrogation is not necessary.
Grant of anticipatory bail requires assessing the necessity of custodial interrogation, applicant's cooperation, and the nature of allegations.
The court may grant anticipatory bail based on the compromise between the parties and the petitioner's cooperation with the investigation.
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.
The court granted anticipatory bail under Section 438 Cr.P.C. due to parity with co-accused who had previously been granted bail.
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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