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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Kishana Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
(KULDEEP MATHUR, J.)
This anticipatory bail application has been filed under Section 438 Cr.P.C. by the petitioner apprehending his arrest in connection with F.I.R. No.116/2024 registered at Police Station Sanchore, District Sanchore, for the offences under Sections 147, 148, 458, 323, 364-A, 395, 307, 384, 355 and 342/149 of IPC.
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the petitioner is the father of co-accused Suresh Kumar, who had allegedly looted and beaten the complainant along with co-accused persons namely Shrawan Kumar, Praveen Kumar etc. Learned counsel submitted that specific allegation against the present petitioner is that his son Suresh Kumar had handed over to him, the amount allegedly looted by him from the complainant alongwith co-accused persons. Learned counsel submitted that there is nothing on record to indicate that the petitioner was present at the place of occurrence or he had any previous intimation/information regarding his son being involved in an offence of looting. Learned counsel submitted that the petitioner being the father of the co-accused Sur
Anticipatory bail granted due to lack of direct evidence against the petitioner, emphasizing that mere implication is insufficient for denial of bail.
Anticipatory bail granted due to absence at the incident and compliance with investigation, emphasizing the need for cooperation and non-interference with witnesses.
The court granted anticipatory bail under Section 438 Cr.P.C. due to parity with co-accused who had previously been granted bail.
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 main legal point established in the judgment is the consideration of innocence, lack of criminal history, and willingness to participate in the investigation in granting anticipatory bail in seri....
The main legal point established in the judgment is that the grant of anticipatory bail is based on the nature of the offense, the character of the evidence, and the circumstances peculiar to the acc....
Anticipatory bail may be denied when there is substantial evidence of criminality and no indication of false implication.
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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