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Judgment
12 paragraphs · 234 wordsThe present application for anticipatory bail under Section 438 of Cr.P.C. has been filed by the petitioner apprehending his arrest in connection with
F.I.R. No. 499/2019, Police Station Kotwali, Nagaur, District Nagaur for the offences under Sections 406, 420, 467, 468, 471 & 120-B of I.P.C.
Heard. Perused the material available on record.
Learned Public Prosecutor supported by learned counsel for the complainant has vehemently opposed the bail application.
Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of
the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend benefit under
Section 438 of Cr.P.C. to the petitioner. Accordingly, the application preferred by the petitioner under Section 438 of Cr.P.C. is hereby rejected.
However, it is submitted on behalf of the petitioner that the petitioner is ready to surrender before the concerned court, which may consider his bail
application on the same day.
Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the petitioner - Uttam Chand
Bothra S/o Laxmi Mal surrenders before the trial Court on or before 03.03.2020 and files a regular bail application, the Court concerned shall consider
his bail application preferably on the same day in accordance with law.
