Rajasthan High Court - Jaipur
Mubarik Hussain And Ors vs State Of Rajasthan Through Pp on 19 April, 2017
Author: Sabina
Bench: Sabina
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR
ORDER
S.B. CRIMINAL MISC. BAIL APPLICATION NO.3312/2017
1. Mubarik Hussain Son of Kamal, by Caste Mev,, R/o Rewasan,
Tehsil Nuh, District Mewat (haryana)
2. Akbar Son of Chawkhan, by Caste Mev,, R/o Rewasan, Tehsil
Nuh, District Mewat (haryana)
3. Jaykam @ Jaikam Son of Imrat, by Caste Mev,, R/o Rewasan,
Tehsil Nuh, District Mewat (haryana)
V/s.
State of Rajasthan through the P.P.
Date of Order: April 19, 2017
HON'BLE MRS. JUSTICE SABINA
Mr. Rahul Tiwari, for the petitioners.
Mr. R.R. Baisla, P.P. for the State.
Petitioners have filed this petition under Section 438 Code of Criminal Procedure 1973 seeking anticipatory bail in FIR No.574/2016 registered at Police Station Tijara, District Alwar, for offences u/S. 147, 148, 149, 353, 307, 379, 120-B Indian Penal Code 1860, Section 41, 52 Forest Act 1953, Section 48, 68 The Rajasthan Minor Concession Rules, 1986, Section 4/21 Mines and Minerals (Development and Regulation Act, 1957 and Section 3 Prevention of Damage to Public Property Act, 1984.
Learned counsel for the petitioners has submitted that the petitioners are not named in the FIR and have been falsely involved in this case.
Learned State Counsel, has opposed the petition and has submitted that at the time of checking 26 dumpers were found carrying stones by way of illegal mining. Police party was attacked by the accused and the official vehicles were damaged. Petitioners are the owners of 3 dumpers.
Thus, in the present case, although, petitioners are not named in the FIR, but they are owners of 3 dumpers out of 26 dumpers found at the spot. Merely, because petitioners have not been specifically named in the FIR would not be a ground of grant them anticipatory bail. Keeping in view the seriousness of allegations levelled against the petitioners, no ground for grant of anticipatory bail to them is made out.
Dismissed.
(SABINA),J.
Tanwar/-
P.A. Item No.17