Irshad S/O Shri Nizammuddeen Vs State of Rajasthan

The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.39/2010 registered at Police Station Bhiwadi Phase-III, District Alwar for the offence(s) under Sections 304 and 201 IPC.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He has joined the investigation as per direction of this Court. Nothing is to be recovered from the petitioner. So, the petitioner be enlarged on anticipatory bail.

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Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioner and submitted that petitioner is not co-operating in the investigation. Notice of Section 91 Cr.P.C. was given to him but he had not replied to the said notice. Custodial interrogation of the petitioner is required.

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(2 of 2)

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[CRLMB-14752/2021]

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So, looking to the gravity of offence, the anticipatory bail application be dismissed.

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I have considered the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor.

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As per report of Investigating Officer, petitioner had not co-operated during investigation. Custodial interrogation of the petitioner is required. So, looking to the gravity of offence, I do not consider it a fit case to enlarge the petitioner on anticipatory bail.

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Hence, the anticipatory bail application is dismissed.

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(NARENDRA SINGH DHADDHA),J

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Jatin /193

Irshad S/O Shri Nizammuddeen v. State of Rajasthan

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Irshad S/O Shri Nizammuddeen v. State of Rajasthan

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