Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
NIKIT LAMBA – 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.356/2024 registered at Police Station Jai Narayan Vyas Colony, District Bikaner for the offences under Sections 3 , 7 of Essential Commodities Act, 1955 .
2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as per the prosecution, the petitioner has violated the various provisions of the Fertilizer Control Order, 1985 and the Essential Commodities Act, 1955 .
3. Learned counsel submitted that a bare perusal of the FIR would indicate that the custodial interrogation of the present petitioner is not necessitated in the present case. The petitioner, pursuant to the interim order dated 18.12.2024 passed by this Court, has already joined the investigation and therefore, no fruitful purpose would be served by sending him behind the bars for an indefinite period. It was, thus, prayed that the petitioner may be released on anticipatory bail.
4. Learned Public Prosecutor has vehemently opposed the prayer for anticipatory bail. However, he could not tell the Court as to whe
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
