Bail petition under Section 439 CrPC dismissed due to petitioner's criminal antecedents and status as a habitual offender despite co-accused obtaining bail.
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.
(1 of 2)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. BAIL APPLICATION NO. 14665/2018
Kedar Nagar S/o Ram Lal Nagar, Aged About 40 Years, R/o Paalda Police Station Kujner Rajgarh (Madhya Pradesh) (Accused In Custody In District Jail Shahjapur M.P.)
----Petitioner
Versus
State of Rajasthan through P.P.
----Respondent
__________________________________________ For Petitioner : Mr. R.K. Mathur Sr. Adv. with Mr. Aditya Mathur For Respondent : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
14/12/2018
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 427/2016 registered at Police Station Kotwali, Baran for offence under Sections 420, 406, 409, 471 & 120-B Indian Penal Code, 1860.
Learned counsel for the petitioner has submitted that the petitioner is in custody for the last two years. Co-accused who is similarly situated as the petitioner has been granted bail by Co-ordinate Bench of this court. Learned counsel has submitted that the petitioner has been involved in number of cases which have arisen out of common transaction of money lending. Petitioner was only an employee, whereas, the coaccused who was the director of the company has been
(2 of 2)
granted bail by Co-ordinate Bench of this court. Madhya Pradesh High Court at Indore has granted bail to the petitioner by observing that the petitioner is not the director of the company.
Learned state counsel has opposed the petition and has submitted that the petitioner is a habitual offender and is involved in fifteen other criminal cases relating to cheating etc.
Keeping in view the criminal antecedents of the petitioner, no ground for grant of bail to him is made out.
Dismissed.
(SABINA)J.
Mohita/1
2 issues framed by the court
Whether bail should be granted to the petitioner who is accused of cheating and is in custody for two years.
Whether the petitioner's criminal antecedents justify refusing bail.
2 provisions across 2 enactments
Kedar Nagar
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
