High Court at Jodhpur dismissed an anticipatory bail application filed under Section 438 Cr.P.C. The petitioner charged with cheating and theft was denied bail due to the nature of allegations and previous cases against him.
Anticipatory bail application filed under Section 438 Cr.P.C. dismissed.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1504/2021
Mayank Pratap Singh Rajawat S/o Pranpal Singh Rajawat, Aged About 34 Years, R/o Panchalai, Mualia Khedar, Narsingh Garh, Madhya Pradesh, Narsingh Garh, Rajgarh, Madhya Pradesh.
----Petitioner
Versus
State, Through PP
| ----Respondent | ||||
|---|---|---|---|---|
| For Petitioner(s) | : | Mr. R.S. Rat Shekhawat |
hore for | Mr. Vijay Singh |
| For Respondent(s) | : | Mr. Mohd. Prosecutor |
Javed | Gouri, Public |
| Mr. Trilok complainant |
Joshi, | Advocate, for |
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
08/11/2021
Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant and perused the material on record.
The petitioner, who has been arrested in FIR No.322/2019 registered at Police Station Purani Abadi, Sriganganagar for the offences punishable under Sections 420 & 406 IPC, has preferred this anticipatory bail application under Section 438 Cr.P.C.
Learned counsel for the petitioner submitted that although he is/was ready to repay the amount to the complainant, yet the complainant did not settle the dispute. It has been brought to the notice of this Court that the petitioner was arrested in another FIR No.87/2018 lodged, wherein the petitioner was arrested on
(2 of 2)
[CRLMB-1504/2021]
06.09.2019 and was released on bail under Section 439 CrPC vide order dated 24.10.2019.
Mr. Mohd. Javed Gouri, learned Public Prosecutor opposed the bail application.
In the facts and circumstances of the case, particularly looking to the nature of allegation and other cases lodged against the petitioner of alike nature, this Court does not find it fit and proper case to enlarge the petitioner on bail. Accordingly, the anticipatory bail application of the petitioner filed under Section 438 Cr.P.C. is dismissed.
(SUDESH BANSAL),J
75-AnilKC/-
2 issues framed by the court
Whether the petitioner entitled to anticipatory bail in case of offences under Sections 420 and 406 IPC given nature of allegations.
Whether non-settlement of dispute by complainant constitutes ground to grant anticipatory bail.
2 provisions across 2 enactments
Mayank Pratap Singh Rajawat
State
Sudes B Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
