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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Radheshyam – Appellant
Versus
State Of Rajasthan – Respondent
Order :
KULDEEP MATHUR, J
1. This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.176/2013, registered at Police Station Maha Mandir, District Jodhpur for the offences under Sections 409, 420, 467, 468, 471, 474 and 120-B of IPC.
2. Learned counsel for the petitioner submitted that co-accused persons namely Manohar Lal (S.B. Criminal Misc. Bail Application No.3790/2014) and Vikas Garg (S.B. Criminal Misc. Bail Application No.3269/2014) have already been enlarged on anticipatory bail under Section 438 Cr.P.C. by the coordinate Bench of this Court vide orders dated 09.10.2014 and 22.05.2014 respectively. Learned counsel submitted that the case of the present petitioner is not worse than that of the above named co- accused persons who have already been enlarged on anticipatory bail and thus, no fruitful purpose would be served by sending the petitioner behind the bars. It was prayed that therefore, the petitioner may be released on anticipatory bail.
3. Per contra, learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail. However, he was not in a position to refute the fact that the above named co
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.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments presented.
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 may grant anticipatory bail based on the compromise between the parties and the petitioner's cooperation with the investigation.
The court's decision was influenced by the specific allegations, lack of signatures on the document, and the arguments presented in the case.
The main legal point established in the judgment is the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, and the necessity for the appellants to cooperate if thei....
Anticipatory bail may be granted when allegations are civil in nature, ensuring proper conditions to safeguard judicial proceedings.
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