Anita filed a second anticipatory bail application alleging false implication in a civil matters. The High Court dismissed the application noting prior rejection and no change in circumstances, permitting surrender to seek trial court bail.
Bail application rejected; petitioner permitted to surrender within 15 days and apply for bail under Section 437 Cr.P.C.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14825/2022
Anita D/o Shri Sagra Ram Meghwal, Aged About 28 Years, B/c Meghwal R/o Plot No. 84 Khasra No. 117 Lata Sagar Samrat Nagar Shikargarh Jodhpur Raj.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Deepak Bishnoi For Respondent(s) : Mr. Mahipal Bishnoi, P.P
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
22/11/2022
This second anticipatory bail application under Section 438 Cr.P.C. has been filed by the petitioner apprehending her arrest in connection with FIR No. 192/2018, Police Station Udaimandir, District Jodhpur for the offences under Sections 406, 420, 467, 468, 471 and 120B IPC.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. It is argued that the entire matter is of civil nature and the complainant has already filed a civil suit before the competent Court for cancellation of sale deed in the year 2017, therefore, the present criminal proceedings are abuse of process of law. There is no
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requirement of custodial investigation and therefore, the petitioner may be enlarged on anticipatory bail.
Per contra, learned Public Prosecutor vehemently opposed the bail application and submits that the ground of pendency of civil suit was already taken while arguing the first bail application and the same was dismissed by this Court and after rejection of first bail application, there is no change in circumstances so as to to grant anticipatory bail and the petitioner is absconding since year 2018, therefore, the bail application may be rejected.
Heard learned counsel for the parties and perused the material available on record.
The first bail application was dismissed by this Court on 03.10.2018 and there is no change in circumstances after rejection of first bail application. The contention of the petitioner that the complainant has already filed a civil suit was already considered while rejecting the first bail application. In these circumstances, it is not a fit case for grant of pre-arrest bail to the petitioner.
Accordingly, the bail application is hereby rejected. However, the petitioner is permitted to surrender before the trial court within a period of 15 days from today and file an application for bail under Section 437 Cr.P.C and it is expected from the trial court that the bail application will be decided as far as possible on the same day.
(MANOJ KUMAR GARG),J
222-BJSH/-
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail considering the pendency of a civil suit and lack of change in circumstances after first bail rejection.
2 provisions across 1 enactments
Anita D/o Shri Sagra Ram Meghwal
State Of Rajasthan
Santosh Kumar Nagori
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
