Citation : 2022 Latest Caselaw 3580 Raj/2
Judgement Date : 6 May, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 6470/2022
Ramesh Bacchda S/o Bhanwar Lal, R/o Piplima Rudi P.s. Manasa,
Dist. Neemach (M.p.) At Present In Dist. Jail Sikar, Rajasthan.
(Presently Lodged Dist. Jail, Sikar)
----Petitioner
Versus
The State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Tarun Agarwal, Adv. on behalf of Mr. Naman Mohnot, Adv.
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
06/05/2022
The present third bail application has been filed under
Section 439 Cr.P.C. The petitioner has been arrested in connection
with FIR No.203/2018 Registered at Police Station Ranoli, District
Sikar for the offence(s) under Sections 457 and 382 of IPC. (in
FIR) and for the offences under Sections 457, 392 and 3A of I.P.C.
(in order).
Counsel for the petitioner submits that the petitioner has
been falsely implicated in this matter and the petitioner is entitled
for release on bail under Section 437(6) Cr.P.C. and under Section
439-A Cr.P.C. and relied upon the judgment passed by the Hon'ble
Supreme Court in the matter of Sanjay Chandra Vs. Central
Bureau of Investigation reported in (2012) 1 SCC 40 and in
the matter of Mulana Mohammed Amir Rashdi Vs. State of
Uttar Pradesh & Anr., reported in (2012) 2 SCC 382 and also
(2 of 2) [CRLMB-6470/2022]
relied upon the judgment passed by the Punjab and Haryana High
Court at Chandigarh in the matter of Anil Kumar Vs. State of
Punjab, CRM-M-5846-2022, decided on 18.04.2022.
Learned Public Prosecutor has opposed the bail application
and submitted that the petitioner is a habitual offender and as per
the order passed by the trial Court, 42 other criminal cases are
pending against the petitioner.
In the facts and circumstances of the present case and
looking to the seriousness of the offence(s) alleged against the
petitioner and looking to the criminal antecedents of the petitioner
and without expressing any opinion on the merits of the case, no
case is made out for grant of bail to the petitioner under Section
439 Cr.P.C.
Hence, the third bail application stands dismissed.
(INDERJEET SINGH),J
JYOTI /24
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