In this bail application under Section 438 Cr.P.C., the petitioner sought anticipatory bail for alleged offences of extortion, hurt and theft. The High Court dismissed the application due to the nature of accusation and gravity of the offence.
Bail application dismissed; petitioner directed to cooperate with investigation agency.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S. B. Criminal Misc. Bail Application No. 5454/2021
Ranveer Singh S/o Om Singh Rathore, aged about 35 years, R/o Ward No. 10, Naya Bas, Karni Colony, Chungi Naka Ke Pas, Sujangarh, District Churu (Raj.).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Kaushal Sharma For Respondent(s) : Mr. Vikram Sharma, Public Prosecutor
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
03/09/2021
The present application for anticipatory bail under Section 438 Cr.P.C. has been filed by the petitioner apprehending his arrest in connection with F.I.R. No. 11/2020, Police Station Jaswantgarh, District Nagaur for the offences under Sections 384, 323 & 379 I.P.C.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that no case under Section 379 I.P.C. is made out against the petitioner. The false allegations have been levelled against him. The other cases shown to be pending against the petitioner have already been decided and he has been acquitted of all the offences in that cases. He further submits that the offences alleged in the present
(2 of 2) [CRLMB-5454/2021]
case are triable by the Magistrate. He, therefore, prays that the petitioner may be enlarged on anticipatory bail.
Learned Public Prosecutor opposes the bail application.
As per factual report submitted by the police, the petitioner is member of a gang which is stated to be indulged in blackmailing the persons for extorting the money. In the present case, the petitioner forcibly tried to get signatures of the complainant on blank stamp paper. When the complainant refused to sign, he inflicted injuries to him. When other persons came to rescue him, the petitioner fled away leaving behind his vehicle, mobile and stamp paper.
Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant concession of anticipatory bail under Section 438 Cr.P.C. to the petitioner.
Accordingly, the bail application preferred by the petitioner under Section 438 Cr.P.C. is dismissed. The petitioner is directed to suffereder before the investigation agency forthwith.
(RAMESHWAR VYAS),J.
169-Inder/-
1 issue framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioner apprehending arrest for offences under Sections 384, 323 and 379 I.P.C.
2 provisions across 2 enactments
Ranveer Singh S/o Om Singh Rathore
State of Rajasthan
RAMESHWAR VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
