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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
MURSALEEM S/O SUBAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. Apprehending his arrest in connection with FIR No.44/2024 registered at Police Station Pahadi, District Deeg for the offence(s) under Sections 419, 420, 467, 468, 471 and 120B of IPC and Section 66D of IT Act, the petitioner has preferred this anticipatory bail application under Section 482 B.N.S.S.
2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is contended that 5 android mobile phones along with ATM cards etc. were recovered from the possession of other co-accused Rahul and Rahul has disclosed the name of the petitioner in the said offence. It is also contended that the present petitioner has not committed any offence and other similarly placed co-accused Saikul has already been enlarged on anticipatory bail by this Court vide order dated 28.11.2024. It is also contended that the matter is exclusively triable by Magistrate, the petitioner is ready and willing to co- operate with the investigation and custodial investigation of the petitioner is not required, therefore, anticipatory bail application of the petitioner may be allowed.
3. Learned Public Prosecutor vehemently opposed the anticipatory bail application
Anticipatory bail may be granted when the petitioner demonstrates willingness to cooperate with the investigation and the nature of evidence does not necessitate custodial interrogation.
Anticipatory bail may be granted when custodial investigation is not necessary and the accused are willing to cooperate with the investigation.
The court granted anticipatory bail on the grounds of false implication and lack of necessity for custodial investigation, emphasizing personal liberty.
Anticipatory bail granted when accused demonstrate willingness to cooperate with investigation and no necessity for custodial interrogation is established.
The court grants anticipatory bail based on the nature of allegations and the accused's willingness to cooperate, emphasizing that custodial investigation is unnecessary when offences are triable by ....
Anticipatory bail granted as custodial investigation not required; petitioners implicated as witnesses in alleged forgery, not beneficiaries.
Anticipatory bail granted when custodial investigation is not necessary and petitioners are willing to cooperate.
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.
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