Kasam vs State Of Rajasthan
2021 Latest Caselaw 6237 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14813/2020

Kasam son of Dalli, by caste Muslim, aged about 40 years, resident of Basai Mev, Firozpur Police Station, Zirkha, District Nooh [Haryan]

--Petitioners Versus State, Through P.p.

----Respondent

For Petitioner(s) : Mr. Abdul Kalam Gouri For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

02/03/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner apprehends his arrest in connection with FIR

No.93/2020 of Police Station Shambhpura, District Chittorgarh for

the offence punishable under Section 420, 407 IPC. He has

preferred this anticipatory bail application under Section 438

Cr.P.C.

As per the FIR, allegation levelled against the petitioner is to

the effect that he was the driver of the truck wherein, sugar was

being transported. In the complaint, the complainant has alleged

that the petitioner had received twenty two lacs rupees on his

behalf from a business man and was supposed to handover the

said money to him, but the petitioner ran away with the said

amount while lying the said truck in an abandoned condition.

During the course of investigation, the police tried to search out

the petitioner but he could not be traced out. The police have also

reached to the house of the petitioner in Haryana but he was also

not present there. During investigation, police have found that the

petitioner was the driver of the truck, which was found in an

abandoned condition.

Having gone through the case diary, it appears that the

petitioner is not joining the investigation despite interim protection

order has been passed by this Court on 04.01.2021 in his favour.

Having regard to the totality of the facts and circumstances

of the case, 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

Surabhii/95-

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