Ramesh Kumar vs State Of Rajasthan
2022 Latest Caselaw 14554 Raj

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.

(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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