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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Pep Singh – 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.359/2023 registered at Police Station Luni, Jodhpur City West, for the offences under Sections 447 and 379 of IPC.
2. As per the prosecution, complainant is having a residential plot measuring 7179.5 sq.ft. in Village Kankani, Tehsil Luni which was purchased by him through public E-auction held by Punjab National Bank on 28.10.2021. On issue of sale certificate by the Punjab National Bank, the Sub- Registrar, Luni has registered the said piece of land in favour of the present petitioner.
3. As per the prosecution, on 04.12.2023 when the complainant visited the aforesaid plot with his wife (Preeti Lodha), they saw that the present petitioner alongwith 4-5 persons was demolishing the wall of the plot. When he requested the petitioner not to do so, he started punching him and told him to run away from the place or else, he will be killed.
4. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. A matter which is purely of civil nature, has been given criminal colour by the complainant. To substantiate t
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 predominantly civil nature of a dispute and the lack of previous criminal history of the applicant can be considered in granting anticipatory bail.
Anticipatory bail is warranted when allegations are primarily civil in nature and do not justify detention.
The main legal point established in the judgment is that allegations, even if true, may constitute a civil liability rather than a criminal offense, and the pendency of a civil suit for specific perf....
The court emphasized the seriousness of the allegations, the importance of cooperation with the investigation, and the relevance of pending criminal cases in deciding on anticipatory bail application....
The power of anticipatory bail under Section 438 of the Cr.P.C. is to be exercised in exceptional cases, and custodial interrogation may be necessary for effective investigation in certain cases.
The court granted anticipatory bail to the accused, finding no justification for custodial interrogation given the civil nature of disputes and significant delay in filing the FIR.
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