Single judge bench dismissed the petitioner's anticipatory bail application under Section 438 CrPC regarding offences of rioting, dacoity, and murder. The court found insufficient grounds to grant bail given prima facie evidence and the petitioner's background as a habitual offender.
The petition for anticipatory bail under Section 438 CrPC is rejected.
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.
[2023/RJJD/012264]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 366/2023
Irfan @ Banna S/o Ashraf Khan @ Tida, Aged About 29 Years, R/o Kalesat Police Station Ghantaghar, Udaipur.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shaitan Singh For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
26/04/2023
The present anticipatory bail application has been preferred by the petitioner under Section 438 CrPC in connection with FIR No. 344/2022 of Police Station Ambamata, District Udaipur for the offences punishable under Section 147, 148, 449, 302, 149 IPC and Section 4/25, 3/25 of Arms Act.
[2023/RJJD/012264]
[CRLMB-366/2023]
(2 of 2)
(MADAN GOPAL VYAS),J
104-Bharti/-
2 issues framed by the court
Whether the petitioner is fit to be granted anticipatory bail under Section 438 CrPC in a case involving offences of rioting, dacoity, and murder.
Whether the petitioner being a habitual offender with pending cases precludes the grant of anticipatory bail.
3 provisions across 3 enactments
Irfan @ Banna
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
