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2022 Supreme(Raj) 1798
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Akash Gujar – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 542 of 2022
Decided On : 18-01-2022
Important Points
Subject
Criminal Law - Bail and Anticipatory Bail
Act Referred
INDIAN PENAL CODE : S.120(b), S.379, S.467, S.468
MINES AND MINERALS DEVELOPMENT AND REGULATION ACT : S.21, S.4
Headnote
Anticipatory Bail - Offences under IPC and MMDR Act - Court rejected the anticipatory bail application based on the nature of accusation, gravity of the offence, and material on record, but directed the petitioner to surrender and file a bail application before the trial court.
Fact of the Case:
The petitioner filed for anticipatory bail in connection with offences under Sections 379, 467, 468, 120B of IPC read with Section 4/21 MMDR act.
Finding of the Court:
The court rejected the anticipatory bail application but directed the petitioner to surrender and file a bail application before the trial court.
Issues: Anticipatory bail application, nature of accusation, gravity of the offence, surrender and bail application before trial court.
Ratio Decidendi: The court considered the nature of accusation, gravity of the offence, and material on record in rejecting the anticipatory bail application but allowed the petitioner to surrender and file a bail application before the trial court.
Final Decision: The application for anticipatory bail under Section 438 Cr.P.C. was rejected, but the petitioner was directed to surrender before the trial court and file a bail application there.
Bhushan Singh Charan, Advocate, Anita Gehlot, Advocate
JUDGMENT
Vinit Kumar Mathur, J. - Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).
2. The present application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.143/2021, Police Station Hamirgarh, District Bhilwara for the offences under Sections 379, 467, 468, 120B of IPC read with Section 4/21 MMDR act.
3. Heard. Perused the material available on record.
4. Learned Public Prosecutor has vehemently opposed the bail application.
5. Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend the benefit under Section 438 Cr.P.C. to the petitioner. accordingly, the application preferred by the petitioner under Section 438 Cr.P.C. is hereby rejected.
6. However, it is submitted on behalf of the petitioner that petitioner is ready to surrender before the concerned court, which may consider his bail application on the same day.
7. Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the petitioner akash Gujar S/o Kailas Gujar, surrenders before the trial Court on or before 27/01/2022 and file a bail application there, the Court concerned shall consider his bail application preferably on the same day in accordance with law.
