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Deepak vs State on 3 May, 2017

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
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.



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