2011 (5) TMI 1119 - HC - Indian Laws

Court grants anticipatory bail under Section 438 based on lack of evidence, imposes conditions

The court granted anticipatory bail to the Applicant under Section 438 of the Criminal Procedure Code in connection with various sections of the Indian ... - Issues Involved: Application for anticipatory bail u/s 438 of CrPC in connection with FIR u/s 406, 409, 420, 467, 468, 471, and 114 IPC.Summary:1. The Applicant filed for anticipatory bail u/s 438 CrPC regarding FIR u/s 406, 409, 420, 467, 468, 471, and 114 IPC.2. Applicant's counsel argued for bail citing release of other accused and lack of evidence against the Applicant.3. Counsel referred to judgments supporting the Applicant's innocence and lack of vicarious liability.4. Prosecution argued against bail due to non-cooperation of the Applicant during investigation.5. Court considered previous bail application and the Applicant's availability for interrogation.6. Despite being a successive bail application, the court granted anticipatory bail to the Applicant with specific conditions.7. The Applicant was ordered to execute a personal bond, remain present before the trial court, cooperate with the investigation, and deposit a specified amount.8. The court allowed the IO to file an application for remand if deemed necessary.Separate Judgement: None.