This order rejects an anticipatory bail application under Section 438 Cr.P.C. filed regarding an offence of theft. The court held that due to the requirement to recover diesel oil from the petitioner and the gravity of the offence, bail could not be granted.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 4799/2022
Mukesh Son Of Ramniwas, Resident Of Behad, Tehsil Newai, Police Station Baroni, District Tonk.
----Petitioner
Versus
State Of Rajasthan, Though P.P.
----Respondent
For Petitioner(s) : Mr. Nitin Jain For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
04/05/2022
This anticipatory bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 75/2022 registered at Police Station Baroni, District Tonk for the offence under Section 379 of IPC.
It is submitted by learned counsel for the petitioner that the petitioner has a general store in the village from which Hariram Meena and his son Bheem Meena took ration and other general items on credit and they did not make payment to the petitioner. Counsel further submits that the petitioner has falsely been implicated in this case and he has no criminal antecedents. Hence, the anticipatory bail application of the accused-petitioner may be granted.
On the other hand, learned Public Prosecutor has opposed the bail application.
(2 of 2) [CRLMB-4799/2022]
Heard learned counsel for the parties and perused the
material available on record.
The petitioner is named in the FIR and as per the factual report, diesel oil has to be recovered from the petitioner, therefore, looking to the facts & circumstances of the case and gravity of the offence, but without expressing any opinion on the merits and demerits of the case, I deem it not proper to enlarge the petitioner on anticipatory bail.
Accordingly, this anticipatory bail application is dismissed.
(CHANDRA KUMAR SONGARA),J
PAYAL/72
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioner in a case involving theft with recovery of diesel oil.
Whether the impending recovery of diesel oil affects the granting of anticipatory bail.
1 provisions across 1 enactments
MUKESH SON OF RAMNIWAS
STATE OF RAJASTHAN
CHANDRA KUMAR SONGARA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
