In a bail application under Section 438 CrPC, the High Court of Rajasthan dismissed the petition, holding that no ground for anticipatory bail was made out given the serious allegations against the petitioner, who was a truck driver involved in an assault case.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 10026/2018
Baijnath S/o Shri Bhagwan Singh, By Caste Gurjar , R/o Badagaon, Police Station Mania, District Dholpur (Raj.)
----Petitioner
Versus
State Of Rajasthan Through Pp , Jaipur
----Respondent
For Petitioner(s) : Mr. Anil Jain For Respondent(s) : Mr. Jitendra Shrimali, P.P.
HON'BLE MRS. JUSTICE SABINA
Order
10/08/2018
Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No. 148/2018 registered at Police Station Mania, Distt. Dholpur for offences under Sections 143, 323, 341, 354, 379 of Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner is not named in the FIR and has been falsely involved in this case being relative of co-accused Mukesh.
Learned State Counsel on the other hand has opposed the petition and has submitted that statement of victim was recorded under Section 164 Cr.P.C., wherein, she has stated that the Truck driver and conductor were making obscene gestures and had caught hold of her and were forcibly trying to pull her out from the Tempo. The said persons were trying to outrage the modesty of
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[CRLMB-10026/2018]
the ladies sitting in the Tempo. During investigation, it has transpired that the petitioner was the driver of the Truck.
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.
Sudha/77
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner falsely involved in a criminal FIR.
1 provisions across 1 enactments
Baijnath
State Of Rajasthan Through Pp
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
