The High Court dismissed an anticipatory bail application under Section 438 Cr.P.C. granting that Section 438 power is exploitable only in exceptional cases, noting injuries, weapon recovery, and incident timing.
Anticipatory bail application dismissed.
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[2023:RJ-JP:39422]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11634/2023
Lokesh Son Of Rajpal, Aged About 22 Years, Resident Of Village Palla, Police Station Kaman, District Bharatpur (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Gurvinder Singh For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE SAMEER JAIN
Order
13/12/2023
(2 of 2)
[2023:RJ-JP:39422]
[CRLMB-11634/2023]
exercisable under Section 438 of the Code is extraordinary in character and it is to be exercised only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his liberty and cumulatively looking to the overall facts and circumstances of the matter but without commenting upon the merits/demerits, this Court is inclined to dismiss the instant anticipatory bail application.
4 . Accordingly, present bail application is dismissed.
(SAMEER JAIN),J
JKP/s-55
1 issue framed by the court
Whether the court should grant anticipatory bail in light of injuries to victims, recovery of a gun, and circumstances of the alleged offence.
Colour shows how this judgement treated each authority
State of Madhya Pradesh vs. Pradeep SharmaApplied¶15
(2014) 2 SCC 171 · Who else cites this
1 provisions across 1 enactments
Lokesh Son Of Rajpal
State Of Rajasthan
SAMEER JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
