The High Court of Rajasthan considered a bail application seeking anticipatory relief under Section 438 CrPC for alleged violations of the Foreigners Act, 1946 regarding hiring an undocumented foreign worker
Petitioner's application for anticipatory bail was dismissed and the petition is disposed of.
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. 1066/2019
Sayyed Anwar Hussain S/o Shri Sayyed Jahoor Hussain, Aged About 42 Years, By Caste Musalman, R/o H. No. 517P/10, Bismillah House, Taragarh, P.S. Dargah, Ajmer.
----Petitioner
Versus
State of Rajasthan through P.P.
----Respondent
For Petitioner : Mr. Ram Manohar Sharma
For Respondent : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA Judgment
25/02/2019
Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No. 05/2019 registered at Police Station Dargah, District Ajmer for offence under Section 7/13, 14 of The Foreigners Act, 1946 and Section 6(4) of Registration of Foreigner Rules, 1992.
Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. In-fact, the petitioner is neither the owner nor the keeper of the Chabeel .
Learned state counsel has opposed the petition and has submitted that, in-fact, the petitioner had employeed a resident of Bangladesh at a monthly salary of Rs.3,000/- at the Chabeel, although, Mohd. Roni (resident of Bangladesh) was not having valid passport or visa.
Keeping in view the seriousness of the allegations levelled against the petitioner, no ground for grant of anticipatory bail to him is made out.
Dismissed.
(SABINA)J.
Mohita/22
1 issue framed by the court
Whether anticipatory bail is warranted under Section 438 CrPC when the petitioner employed an individual without valid passport or visa in violation of the Foreigners Act, 1946.
3 provisions across 3 enactments
Sayyed Anwar Hussain
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
