Kartik Soni vs State
2021 Latest Caselaw 5173 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2208/2020

Kartik Soni S/o Shri Sandeep Soni, Aged About 26 Years, By Caste Soni, R/o 2-CH-45, Old Housing Board, Pali, Tehsil and District Pali.

                                                                    ----Petitioner
                                     Versus
State of Rajasthan
                                                                  ----Respondent


For Petitioner(s)          :     Mr. K.L. Thakur
For Respondent(s)          :     Mr. Mohd. Javed Gauri, P.P.



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

23/02/2021

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner apprehends his arrest in connection with FIR

No.218/2019 of Police Station Sadar Pali, District Pali for the

offences punishable under Sections 341, 323, 394/34 and 411

IPC. He has preferred this anticipatory bail application under

Section 438 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner has falsely been implicated in this case. It is submitted

that the petitioner has already joined the investigation, therefore,

he is entitled to be granted benefit of anticipatory bail.

Learned Public Prosecutor has opposed the bail application

and submitted that the petitioner is guilty of purchasing gold

(2 of 2) [CRLMB-2208/2020]

ornaments, which were looted by the co-accused persons from the

complainant and his wife. It is further submitted that for the

purpose of recovery of the said looted ornaments, custodial

interrogation from the petitioner is necessary, therefore, he is not

entitled to be granted benefit of anticipatory bail.

Having regard to the totality of the facts and circumstances

of the case, looking to the nature of accusation and gravity of the

offence and after taking into consideration the fact that prima

facie it is proved that the petitioner is the receiver of the looted

ornaments, without expressing any opinion on the merits 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

Abhishek Kumar S.No.99

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