The High Court at Jaipur disposed of a bail application under Section 438 CrPC. Granting anticipatory bail was refused because the allegations involved serious injuries and dowry harassment, making grounds insufficient.
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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. BAIL APPLICATION NO.
8107/2018
----Petitioners
Versus
State of Rajasthan, through P.P.
----Respondent
For Petitioners : Mr. Harendra Singh
For Respondent : Mr. R.S. Raghav, P.P.
For Complainant : Mr. Ankit Khandelwal
HON'BLE MRS. JUSTICE SABINA
Order
26/09/2018
Petitioners have filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No. 96/2018 registered at Police Station Kaman, District Bharatpur for offence under Sections 498-A, 406 & 323 Indian Penal Code, 1860.
Learned counsel for the petitioners has submitted that the petitioners have joined investigation in terms of the order passed by this court dated 24.07.2018.
Learned state counsel who is assisted by the counsel for the complainant has opposed the petition and has submitted that, although, petitioners had joined investigation, but allegations levelled against the petitioners are serious in
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nature. Petitioners and their co-accused had inflicted injuries to the complainant and she had suffered twelve injuries.
FIR in the present case has been registered against the petitioners and their co-accused by the complainant on the ground that she was being harassed by the accused on account of demand of dowry. It has been also asserted by the complainant that on 28.02.2018, after tying her hands and feet, she had been inflicted injuries by the petitioners as well as the other co-accused. As per the injury report available on the case diary, complainant has suffered twelve injuries. Although, the said injuries are simple in nature, but keeping in view the totality of nature of allegations levelled against the petitioners, no ground for grant of anticipatory bail to them is made out.
Dismissed.
(SABINA)J.
Mohita/16
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC.
Whether the totality of allegations and nature of injuries justify refusing anticipatory bail.
2 provisions across 2 enactments
Harun S/o Shri Rujdar
Smt. Khairuna W/o Shri Harun
State of Rajasthan
Sabina
As recorded by the court registry
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