Rajasthan High Court - Jaipur
Irfan 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.4909/2017
Irfan Son of Juhurudeen by Caste Mev,, R/o Pipaka, P.S. Tavdu,
District Mewat (haryana)
V/s.
State of Rajasthan through the P.P.
Date of Order: April 19, 2017
HON'BLE MRS. JUSTICE SABINA
Mr. Anil Kumar Jain, for the petitioner.
Mr. R.R. Baisla, P.P. for the State.
Petitioner has 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 29,32,33,41,42,52 Forest Act 1953, Section 48, 68 The Rajasthan Minor Concession Rules, 1986, Section 4/21 Mines and Minerals (Development and Regulation Act, 1957, Section 3 Prevention of Damage to Public Property Act, 1984 and Rule 15 Police and National Green Tribunal.
Learned counsel for the petitioner has submitted that the petitioner is not named in the FIR and has 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. Petitioner is the owner of 1 dumper.
Thus, in the present case, although, petitioner is not named in the FIR, but he is owner of 1 dumper out of 26 dumpers found at the spot. Merely, because petitioner has not been specifically named in the FIR would not be a ground of grant him anticipatory bail.
Keeping in view the seriousness of allegations levelled against the petitioner, no ground for grant of anticipatory bail to him is made out.
Dismissed.
(SABINA),J.
Tanwar/-
P.A. Item No.19