The High Court dismissed the petitioner's application for anticipatory bail under Section 438 Cr.P.C. The court held that facts indicated the accused was not falsely implicated in the alleged cheating and criminal conspiracy involving the non-return of money and fake allotment letter.
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.
[2024:RJ-JP:11967]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2039/2024
Gaurishankar Sharma S/o Shri Brijkishore Sharma, Aged About 38 Years, R/o Village Mundota, Thana Sevar, Tehsil And District Bharatpur, Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through P.P
----Respondent
| For Petitioner(s) | : Mr. Ravi Kant Sharma |
|---|---|
| For Respondent(s) | : Mr. Suresh Kumar-PP |
| Mr.J. K. Moolchandani |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
06/03/2024
(2 of 3)
[2024:RJ-JP:11967]
[CRLMB-2039/2024]
Bhushan has already been enlarged on bail. The matter is triable by Magistrate. He further submits that custodial investigation of the accused petitioner is not required thus the anticipatory bail of accused-petitioner may be allowed.
(3 of 3)
[2024:RJ-JP:11967]
[CRLMB-2039/2024]
(PRAVEER BHATNAGAR,J
36-Rahul Joshi
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be allowed in a case alleging cheating and criminal conspiracy where the accused is not a partner in the alleged firm.
Whether the accused was falsely implicated in the FIR regarding the alleged extortion of money and fraudulent allotment of a plot.
4 provisions across 2 enactments
Gaurishankar Sharma
State Of Rajasthan
Praveer Bhatnagar
Rahul Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
