Rajasthan High Court - Jaipur
Rakesh Khatik@Bakra S/O Late Shri Madan ... vs State Of Rajasthan on 3 June, 2020
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 3065/2020
Rakesh Khatik@bakra S/o Late Shri Madan Lal, Aged About 24
Years, R/o Plot Number 22 Tirupati Balaji Nagar, Behind Gulab
Vihar, Police Station Sanganer, Jaipur (At Present Accused
Confined In Central Jail Jaipur.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shivraj Chauhan
For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
03/06/2020
This bail application has been filed under Section 439 CrPC in
connection with FIR No. 91/2019 registered at Police Station
Sanganer Sadar, District Jaipur for the offences under Section 379
of IPC.
Heard learned counsel for the petitioner as well as learned
Public Prosecutor.
Learned counsel for the petitioner has produced an order sheet relating to the other case bearing No. 2502/18 has been registered against the petitioner u/s 454, 380 IPC in FIR No.287/2018.
(Downloaded on 04/06/2020 at 09:00:40 PM)
(2 of 3) [CRLMB-3065/2020] From the perusal of the order sheet, it is revealed that the petitioner was under judicial custody since 2018 and on the date when the concerned theft is said to be committed i.e. 31.1.2019. the petitioner was in Central Jail, Jaipur and in-spite of the same the petitioner has been made an accused in the present case of having committed theft and in the inquest note, it has been mentioned that the accused petitioner admitted of having committed theft in the house by the IO.
Therefore, it is apparent that the Investigation Officer has wrongfully made the petitioner as an accused with the view to show that he has solved the case, apparently, the investigation is botched up and there is a delinquency on the part of the concerned IO and therefore, the DG Police is directed to take appropriate disciplinary action against the concerned IO.
Taking into consideration of overall facts of the case and without commenting on merits of the case, I deem it just and proper to enlarge the petitioner on bail.
Therefore, this bail application is allowed and it is ordered that the accused-petitioner- Rakesh Khatik @ Bakra S/O late Shri Madan Lal shall be released on bail under Section 439 CrPC in connection with aforesaid FIR provided he/she furnishes a personal bond of Rs.20,000/- with one surety in the like amount to the satisfaction of the concerned Magistrate with the stipulation that he/she shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(Downloaded on 04/06/2020 at 09:00:40 PM)
(3 of 3) [CRLMB-3065/2020] Copy of this order be sent to the Director General of Police, Jaipur for doing needful.
(SANJEEV PRAKASH SHARMA),J Anu /397 (Downloaded on 04/06/2020 at 09:00:40 PM) Powered by TCPDF (www.tcpdf.org)