HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15276/2022 Ramesh Kumar S/o Sh. Mohan Ram, Aged About 27 Years, R/o Isarga Gav, Post Newa Kanasar, Tehsil Bap, District Jodhpur.
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Sunil Bishnoi For Respondent(s) : Mr. Sharwan Bishnoi, PP HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment 12/12/2022 The present Cr. Misc. Bail application under Section 438 of Cr.P.C. has been preferred by the applicant Ramesh Kumar against the order dated 17.11.2022 passed by the learned Addl. Sessions Judge (Women Atrocities), Jodhpur Metropolitan, Jodhpur in Cr. Misc. Bail Application No.345/2022 arising out of FIR (CR) No.519/2022, Police Station Kudi Bhagtasani, Jodhpur for the offences under Sections 323, 452 and 354/34 IPC.
Learned counsel for the applicant submits that in the statements recorded under Sections 161 and 164 of the Cr.P.C., the prosecutrix and the complainant have not stated that the accused applicant has molestated the prosecutrix and therefore, it is clear that the applicant has been falsely entangled in the present case. It is therefore, prayed that the accused applicant may be granted indulgence of anticipatory bail. (Downloaded on 14/12/2022 at 11:02:37 PM)
(2 of 2) [CRLMB-15276/2022] Per contra, learned Public Prosecutor opposed the prayer made by the learned counsel for the applicant.
Heard the learned counsel for the parties and perused the case diary.
A perusal of the case diary as well as the factual report show that prima facie, the investigating agency found that the offences under Sections 452, 354 and 323 of the IPC are made out against the applicant and the investigating agency has proposed to file charge-sheet/challan against the applicant for the offences alleged.
In view of the above, this Court does not find any reason to grant indulgence of anticipatory bail to the applicant.
Hence, the present anticipatory bail application is rejected.
(MADAN GOPAL VYAS),J 169-CPGoyal/-
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