IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
ORDER
S.B. Criminal Misc. Bail Application No. 581/2009
Ramavtar vs. State of Rajasthan
Dated : 02.02.2009
HON’BLE MR. JUSTICE MAHESH BHAGWATI
Mr. Vinay Pandey, for the petitioner.
Mr. M.I. Baig, Public Prosecutor for the State.
This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Vinay Pandey Advocate on behalf of the applicant Ramavtar in FIR No. 204/08 of police station Nasirabad Sadar, District Ajmer in the offences under Sections 406 and 420 of IPC.
2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record.
3. Learned counsel for the petitioner has contended that the accused Ramavtar is physically handicapped and not in a position to move. He has not committed any offence and the police intends to arrest him on false grounds. He is in no way involved in the commission of the offences of this case, hence, he deserves to be released on anticipatory bail.
4. Learned Public Prosecutor has opposed the bail petition.
5. Having pondered over the submissions made at the bar and perused the relevant material including the bail order dated 9.01.2009 rendered by learned Sessions Judge, Ajmer available on record, it is noticed that the accused purchased one truck traula from the complainant with this understanding that he will keep on depositing the installments of loan which the complainant has raised from bank. It is found that the petitioner not only did not deposit the installment of loan in the bank but further sold it to some other person. The recovery of the traula is yet to be made by the Investigating Officer. It is not that the allegations levelled against the petitioner are totally groundless and baseless. In my firm view, provisions of Section 438 are attracted only when the allegations against the petitioner are found to be false, groundless and baseless. It is not a case where the petitioner can be released on anticipatory bail.
6. In the result, the bail petition filed under Section 438 of Cr.P.C. on behalf of the accused-petitioner Ramavtar stands dismissed.
(MAHESH BHAGWATI)J.
Mak/-
s-60