The High Court of Rajasthan dismissed a bail application seeking anticipatory bail under Section 438 CrPC. The petitioner was charged with offences under various sections of the IPC for cheating and criminal conspiracy related to a defaulted loan and sale of a truck.
No anticipatory bail to be granted to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
ORDER
S.B. CRIMINAL MISC. BAIL APPLICATION NO.4421/2017
Raies S/o Shri Mubarik B/c Musalman, Aged About 35 Years, R/o Raipuriya, Police Station Anta, District Baran, Raj.
V/s.
State of Rajasthan through the P.P.
Date of Order: April 7, 2017
HON'BLE MRS. JUSTICE SABINA
Mr. Pushpendra Pandey, for the petitioner. Mr. R.R. Baisla, P.P. for the State.
Petitioner has filed this petition under Section 438 Code of Criminal Procedure 1973 seeking anticipatory bail in FIR No.362/2016 registered at Police Station Anta, District Baran (Raj.), for offences u/S. 420, 406, 467, 403, 424 and 120-B Indian Penal Code 1860.
Heard.
As per the prosecution story, co-accused Mubarik Ali took loan from the complainant Company for purchase of Truck. However, the said accused failed to repay the installments and sold the Truck to some other person with the help of the petitioner.
Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of anticipatory bail to him is made out.
Dismissed.
(SABINA),J.
Tanwar/P.A. Item No.8
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner given the seriousness of the allegations of cheating and criminal conspiracy.
Whether the petitioner has made out any ground for the grant of bail under Section 438 CrPC.
2 provisions across 2 enactments
Raies S/o Shri Mubarik B/c Musalman
State of Rajasthan through the P.P.
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
