Citation : 2022 Latest Caselaw 7359 Raj/2
Judgement Date : 18 November, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 15543/2022
Ghanshyam Jangid S/o Shri Sitaram Jangid, R/o 40, Khatiyo Ka
Mohalla, Rampura Kanwarpura Uti, Bagru, District Jaipur
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Anurag Pareek, Advocate For Respondent(s) : Mr. Sanjeev Kumar Mahala, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
18/11/2022 This anticipatory bail application has been filed under
Section 438 of Cr.P.C. in connection with FIR No. 51/2022
registered at Police Station Vidhayakpuri, District Jaipur for the
offences under Sections 420 and 406 of IPC.
Learned counsel for the petitioner submits that the
petitioner has never entered into an agreement with the
complainant and the FIR has been lodged against the petitioner
after an inordinate delay. Learned counsel further submits that the
present case is of civil nature and the complaint does not disclose
commission of any offence. Learned counsel also submits that the
petitioner has criminal antecedents of one case and he is on bail in
that case. Hence, the anticipatory bail application of the accused-
petitioner may kindly be granted.
(2 of 2) [CRLMB-15543/2022]
Learned counsel for the petitioner has placed reliance
upon the judgments passed by the Apex Court in the case of
Murari Lal Gupta Vs. Gopi Singh (Transfer Petition (Crl.)
No.181/2004) decided on 25.10.2005 and in the case of Md.
Ibrahim & Ors Vs. State of Bihar & Ors. (Criminal Appeal
No.1695/2009 (Arising out of SLP (Crl.) No.6211/2007) decided
on 04.09.2009.
On the other hand, learned Public Prosecutor has
opposed the bail application and has submitted copy of the factual
report dated 03.11.2022 before this Court for perusal, which is
taken on record.
Heard learned counsel and perused the material
available on record.
The petitioner is named in the FIR and as per rejection
bail order as well as factual report, the petitioner has criminal
antecedents of one case for offences punishable under Sections
420, 467, 468, 471 and 120-B of IPC. Therefore, looking to the
above facts and circumstances of the case but; without expressing
any opinion on the merits and demerits of the case, I deem it not
proper to enlarge the petitioner on anticipatory bail.
Hence, the anticipatory bail application of the petitioner
is dismissed.
(CHANDRA KUMAR SONGARA),J
Ashish Kumar /64
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