The High Court of Rajasthan dismissed a petition for anticipatory bail under Section 438 CrPC. The court refused relief due to the seriousness of allegations of attack and resulting injuries against the petitioners.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 11088/2018
----Petitioners
Versus
State Of Rajasthan Through Pp, Raj.
----Respondent
For Petitioner(s) : Mr. Anil Kumar Upman For Respondent(s) : Mr. R.R. Gurjar, P.P. For Complainant : Mr. Kamlendra Sihag
HON'BLE MRS. JUSTICE SABINA
Order
18/09/2018
Petitioners have filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No. 161/2017 registered at Police Station Ucchain, Distt. Bharatpur for offences under Sections 323, 341, 354, 325 and 307 of Indian Penal Code, 1860.
Learned counsel for the petitioners has submitted that entire family members have been falsely involved in the present case. Although, petitioners are named in the FIR, but no specific overt act is attributed to them.
Learned State Counsel who is assisted by the counsel for the complainant on the other hand has opposed the petition.
(2 of 2)
[CRLMB-11088/2018]
As per the prosecution story, petitioners and their co-accused
had attacked the complainant party. As a result, two persons have suffered injuries.
Keeping in view the seriousness of allegations levelled against the petitioners, no ground for grant of anticipatory bail to them is made out.
Dismissed.
Sudha/91
(SABINA)J.
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners in offences alleging attack causing injuries.
Whether the prosecution story justifies refusal of anticipatory bail due to seriousness of allegations.
2 provisions across 2 enactments
Arvind S/o Samandar B/c Jat
Sunil S/o Prem Singh B/c Jat
Rahul S/o Sujan B/c Jat
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
