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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
HAFEEZ S/O HAJAR KHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. Apprehending their arrest in connection with FIR No.172/2024 registered at Police Station Kaithwara, District Deeg for the offence(s) under Sections 111(2)(a), 303(2), 317(2), 319(2), 318(4), 338, 336(3), 340(2), 308(2) and 61(2)(a) of B.N.S. and Sections 66D and 66E of IT Act, the petitioners have preferred these anticipatory bail applications under Section 482 B.N.S.S.
2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He further submits that the petitioners have been named by other co-accused, who have already been enlarged on regular bail by this Court vide order dated 20.12.2024. It is also contended that the matter is exclusively triable by Magistrate and the trial/investigation of the case may take considerable time. It is also contended that custodial investigation of the petitioners is not required and they are ready and willing to co-operate with the investigation, therefore, the anticipatory bail applications of the petitioners may be allowed.
3. Learned Public Prosecutor vehemently opposes these anticipatory bail applications.
4. Heard and perused the material available on record.
5. Considering the fact that
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 custodial investigation is not necessary and petitioners are willing to cooperate.
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 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 granted as custodial investigation not required; petitioners implicated as witnesses in alleged forgery, not beneficiaries.
Anticipatory bail granted due to absence at the incident and compliance with investigation, emphasizing the need for cooperation and non-interference with witnesses.
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