HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 2793 / 2017
Deepak S/o Mohan Lal,, Aged About 24 Years, By Caste Khatri,
R/o Bhadrakar Nagar, Sirohi, Tehsil and District Sirohi.
The State of Rajasthan
For Petitioner(s) : Mr. Kuldeep Sharma
For Respondent(s) : Mr. Ashok Upadhyay, P.P.
For Complainant(s): Mr. Pritam Solanki
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
Heard learned counsel for the parties. Perused the material
available on record.
In pursuance of the order dated 03.04.2017, the recording of
the alleged incident presented by the petitioner was investigated
into by the I.O. who has verified the genuineness thereof. On the
basis of such investigation, the Investigating Officer has found
that offence under Section 354 IPC is not made out against the
petitioner. However, the offences under Sections 341 and 509 IPC
have been found proved which both are bailable in nature. In this
background, now the petitioner cannot entertain any apprehension
of arrest because the I.O. shall have to enlarge the petitioner on
bail in the event of his arrest.
Consequently, the instant pre-arrest bail application is
(2 of 2)
dismissed as having become infructuous. However in case, the
I.O. at any subsequent point of time seeks to arrest of the
petitioner, seven days prior notice shall be given to him.
The instant bail application under Section 438 Cr.P.C. is
disposed of as infructuous.