Petitioner filed for anticipatory bail under Section 438 CrPC in an FIR regarding cheating. Counsel submitted an amicable settlement. Court issued bail without expressing an opinion on merits.
Petitioner released on anticipatory bail subject to joining investigation, not leaving the country without permission, and not tampering with evidence.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 6412/2018
Varun Yadav S/o Shri Om Prakash Yadav, Aged 35 Years, B/C Yadav, R/o D-69, Bapu Nagar, Shivad Area, Paras Marg, Jaipur Rajasthan.
----Petitioner
Versus
State Of Rajasthan Through Pp
----Respondent For Petitioner(s) : Mr. Kishan Swami Adv. on behalf of Mr. S.S. Gaur Adv. For Respondent(s) : Mr. Jitendra Shrimali, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
05/09/2018
Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in FIR No.74/2018 registered at Police Station Shyam Nagar, Jaipur for offence under Sections 420 and 406 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that parties have amicably settled their dispute before mediation and conciliation center. Petitioner is ready to join investigation.
Learned State counsel has opposed the petition.
Keeping in view the facts and circumstances of the present case, it would be just and expedient to order the release of the petitioner on anticipatory bail.
Accordingly, without expressing any opinion on merits of the case, this petition is allowed. In the event of arrest, petitioner be admitted to bail subject to satisfaction of the Arresting Officer.
(2 of 2)
[CRLMB-6412/2018]
Petitioner shall join investigation as and when required by the police and shall not leave the country without prior permission of the Court. Petitioner shall not tamper with the prosecution evidence.
(SABINA),J
S.Kumawat-62
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in an offence under Sections 420 and 406 IPC?
2 provisions across 2 enactments
Varun Yadav
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
