The Court refused anticipatory bail due to the nature of allegations. Instead, it directed the Investigating Officer to issue a prior notice under Section 41A Cr.P.C. before arrest as per Arnesh Kumar guidelines.
Investigating Officer directed to issue prior notice under Section 41A Cr.P.C. before arrest.
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[2024:RJ-JD:21307]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1068/2024
Krishan Kumar Kushwah S/o Shri Ravindra Singh, Aged About 25 Years, R/o B-283 Part -10 Parth Township P.s Krishan Nagar Ahamdabad (Gujrat)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Shambhoo Singh Rathore |
|---|---|
| For Respondent(s) | : Mr. A.R. Choudhary,PP |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
13/05/2024
This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.186/2023, registered at Police Station Rajtalab, District Banwara, for the offences under Sections 420, 406 and 120-B of the IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor.
Looking to the nature of allegations levelled in the FIR, this Court is not inclined to grant indulgence of anticipatory bail to the petitioner.
However, considering the fact that the offences alleged to have been committed by the petitioner are triable by a court of Magistrate so also keeping in mind the provisions contained in Section 41A Cr.P.C. as well as the judgment passed by Hon’ble the Supreme Court in the case of Arnesh Kumar vs. State of Bihar,
[CRLMB-1068/2024]
[2024:RJ-JD:21307]
(2 of 2)
reported in AIR 2014 SC 2756 squarely apply, the Investigating Officer shall adhere to the aforesaid legal provision as well precedent law shall not effect the arrest in routine manner and before effecting the arrest, the Investigating Officer shall issue a prior notice to the petitioner under Section 41A Cr.P.C.
With the aforesaid direction, the criminal misc. bail application under Section 438 Cr.P.C. is dismissed.
(KULDEEP MATHUR),J
46-Hanuman/-
2 issues framed by the court
Whether anticipatory bail should be granted in the present proceedings.
Whether arrest can be effected in a routine manner under Section 41A Cr.P.C.
Colour shows how this judgement treated each authority
Arnesh Kumar vs. State of BiharApplied¶16
AIR 2014 SC 2756 · Who else cites this
5 provisions across 2 enactments
Krishan Kumar Kushwah
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
