Petitioner filed bail application under Section 439 CrPC for offences under Section 382 IPC read with Section 34 IPC. High Court dismissed the petition citing petitioner's criminal antecedents as grounds against bail.
Petition for regular bail under Section 439 CrPC dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous IIIrd Bail No. 490/2019
Naseem@kada S/o Shri Khursheed B/c Mev, R/o Raniyaala Khurdh, Police Station Baheen, Distt. Palwal Hariyana. (At Present Confined At Sub Jail Kishangarh Bas, Distt. Alwar)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Rahul Tiwari For Respondent(s) : Mr. R.S. Raghav, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment
21/01/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 310/2018 registered at Police Station Bhiwadi Phase-III, Distt. Alwar, for offences under Sections 382 of Indian Penal Code, 1860 (hereinafter referred as ‘IPC’) later on charge sheet for the offence under Section 382 read with 34 IPC.
Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. Petitioner is in custody since 26.10.2018. Challan has already been presented in the Court and conclusion of trial may take time. Co-accused has been granted bail by the Sessions Court.
Learned State Counsel, has opposed the petition and has submitted that the petitioner is a habitual offender and is involved in eight other criminal cases.
(2 of 2) [CRLMB-490/2019]
Keeping in view the criminal antecedents of the petitioner, no
ground for grant of bail to him is made out.
Dismissed.
(SABINA)J.
Sudha/15
2 issues framed by the court
Whether bail should be granted to the petitioner considering his criminal antecedents.
Whether the petitioner falsely involved in the case is a ground for granting bail.
2 provisions across 2 enactments
Naseem@kada
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
