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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
RADHEYSHYAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. These anticipatory bail applications have been filed by the petitioners under Section 438 Cr.P.C. (482 BNSS) apprehending their arrest in connection with FIR No.24/2023, registered at Police Station Khinwara, District Pali, for the offences under Sections 147, 447, 448, 440, 427, 509, 143, 323, 452, 327/149, 354, 395 and 120-B of IPC.
2. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case. The allegation against the present petitioners is that on 25.02.2023, they forcibly entered the Khatedari land belonging to the complainant bearing Khasras Nos.276, 277, 278, 280 situated at village Khinwara and tried to dispossess the complainant and his family from the land. Further allegation against the present petitioners is that they had allegedly attacked the men and women present at the site and had also damaged the boundary wall and five gates of the complainant’s land/ field.
3. Drawing attention of the Court towards the various documents attached with the case file, learned counsel submitted that a dispute between the parties of purely civil nature has been given the color of criminal offences by the complainant an
Anticipatory bail is warranted when allegations are primarily civil in nature and do not justify detention.
Anticipatory bail granted due to lack of evidence tampering concerns and the nature of allegations suggesting a civil dispute rather than a criminal offense.
The court may grant anticipatory bail based on the lack of prima facie evidence for the alleged offence and other relevant circumstances presented by the petitioner.
Anticipatory bail under Section 438 of Cr.P.C. can be granted when the investigation is complete and the allegations are primarily civil in nature, provided certain conditions are met.
The court highlighted the necessity for specific allegations to deny anticipatory bail, particularly amidst counterclaims and in cases of simple injuries.
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