IN THE COURT OF SESSIONS JUDGE

AT JODHPUR DISTRICT, JODHPUR

Presiding Officer : Raghavendra Kachawal, R.J.S. (D.J. Cadre)

CRIMINAL MISC. BAIL APPL. NO. 653/2021

Mool Singh S/o Kishan Singh, R/o Sili Kherapa, District Jodhpur.
- Accused/Applicant
Vs.
State of Rajasthan, through Public Prosecutor
- Non Applicant

ANTICIPATORY BAIL APPLICATION UNDER SECTION 438

Cr.P.C. IN F.I.R. NO. 24/2021 OF P.S. KHERAPA FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 341, 323, 327 &
435/34 OF IPC.

Counsel appeared:-
1. Shri Ganesh Kumar Paliwal, Learned Advocate for the accused/applicant.
2. Shri Lada Ram Bishnoi, Learned Public Prosecutor for the State.

ORDER Date: 04.09.2021

1. This anticipatory bail application has been filed under Section

438 Cr.P.C. by the applicant-accused Mool Singh S/o Kishan Singh in this
court on 02.09.2021. A copy of the bail application has been provided to the
public prosecutor & called for the case diary.

2. Brief facts of the bail application are that the complainant,

Vishan Singh, filed a report before police station Kherapa, District Jodhpur.
The report was registered as an FIR no. 24/2021 by police station Kherapa
under section 341, 323, 327 & 435/34 IPC. During the investigation, the
applicant-accused has an apprehension of arrest. Therefore, he has filed the
bail application before this court under section 438 Cr.P.C.

3. The learned Advocate of the applicant-accused has argued that

this case is triable by the magistrate court and nothing is to be recovered
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Cr. Misc. Bail Appl. No. 653/2021 Order dt. 04.09.2021

from the possession of the applicant-accused. The bail application of co-

accused Bhupendra Singh @ Bharat Singh has been allowed by Hon’ble
Rajasthan High Court. The applicant-accused is shown with co-accused
Bhupendra Singh @ Bharat Singh otherwise no any criminal act has been
shown in the FIR. Therefore, this anticipatory bail application of applicant-
accused should be allowed.

The Learned Public Prosecutor opposed the bail application

and argued that the applicant-accused threatened to the complainant
alongwith co-accused Bhupendra Singh @ Bharat Singh, he also showed a
firearm to the complainant and recovery of firearm is pending from the
applicant-accused. Therefore, the anticipatory bail application of applicant-
accused should be dismissed.

4. I have heard the arguments of both the parties and perused the
case diary. Brief facts of the case are that the complainant, Vishan Singh filed
a written report in P.S. Kherapa on 29/01/2021. It is mentioned in the report
that the complainant was going through his Alto car bearing no. RJ19-CH-
8564 to village Aau. Thereafter, he stopped his car near a general store of
Jagdish S/o Kan Das. The applicant-accused Bhupendra Singh @ Bharat
Singh along with one person Mool Singh came to the said shop and they
demanded money for liquor from Harchand S/o Sukhram Vishnoi and on
being refused they started to quarrel with Harchand. They also quarreled with
the complainant and demanded money for liquor. As complainant also denied
then they started to beat and put fire on the complainant’s car. After lodging
this FIR, P.S. Kherapa started the investigation under Sections 341, 323,
327, 435/34 IPC. During the investigation, the co-accused Bhupendra Singh
@ Bharat Singh has been arrested but present applicant-accused has not
been arrested yet. According to the factual report, the investigation &
recovery are pending from the applicant-accused in this case and there are
allegations of showing of firearm to the complainant against the applicant-
accused. Therefore, looking to the facts and circumstances of the case and
need of recovery, but without contemplating or expressing any opinion on the
merits and demerits of the case, I do not find it proper to enlarge the accused
on anticipatory bail.

5. Therefore, the anticipatory bail application of the applicant-

accused Mool Singh deserves to be dismissed. Hence anticipatory bail
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Cr. Misc. Bail Appl. No. 653/2021 Order dt. 04.09.2021

application of the applicant-accused Mool Singh S/o Kishan Singh, R/o Sili
Kherapa, District Jodhpur under S. 438 Cr.P.C. is hereby dismissed.

(Raghavendra Kachawal)
Sessions Judge,
Jodhpur District, Jodhpur

5. This order is pronounced in open court today on dated

04.09.2021.

(Raghavendra Kachawal)
Sessions Judge,
Jodhpur District, Jodhpur