Karamjeet Singh vs State
2021 Latest Caselaw 5172 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2728/2020

Karamjeet Singh S/o Gurjeet Singh, Aged About 25 Years, B/c Jat Sikh R/o Village Khatalbana (2 F Bada), Tehsil And Dist. Sriganganagar.

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Umesh Shrimali For Respondent(s) : Mr. Mohd. Javed Gauri, PP Mr. BS Sandhu, for the complainant

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

23/02/2021

Heard the learned counsel for the parties and perused the

material available on record.

The petitioner apprehends his arrest in connection with FIR

No.189/2019 of Police Station Purani Abadi, District Sriganganagar

for the offences punishable under Sections 420, 406 IPC. He has

preferred this anticipatory bail application under Section 438

Cr.P.C.

Having gone through the factual report submitted by the

SHO, Police Staion Purani Abadi, Sriganganagar dated 21.02.2021

and after going through the case diary, it is clear that the police

have simply issued a notice to the petitioner under Section 41 (A)

CrPC and asked him to appear before the trial court on a specific

date when the police is filing to charge-sheet against him,

(2 of 2) [CRLMB-2728/2020]

however, in response to the said notice, the petitioner did not

appear before the trial court.

Taking into consideration the fact that the police are not

going to arrest the petitioner and has simply issued a notice to

him under Section 41 (A) CrPC asking him to appear before the

trial court on the date of filing of charge-sheet, I do not find any

case for grant of anticipatory bail to the petitioner.

However, the police may issue a fresh notice to the petitioner

under Section 41(A) CrPC informing him that on which date the

police is going to file charge-sheet against him before the trial

court.

Having regard to the totality of the facts and circumstances

of the case, I am not inclined to grant anticipatory bail under

Section 438 Cr.P.C. to the petitioner.

Accordingly, the application preferred by the petitioner under

Section 438 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

Surabhii/100-

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