NITESH SAHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application under Section 439 CrPC has been filed by the applicant accused in FIR No. 101/2020 registered at Police Station, Gumanpura, Kota city, for the offences under Sections 420, 406, 120-B IPC.

(2.) Heard learned counsel for both the sides and perused the material made available on record.

(3.) Learned counsel for the applicant submits that the applicant was arrested in this case on 02.03.2020 and challan under Sections 420, 406, 120-B IPC was presented on 04.07.2020, therefore, the applicant is entitled for default bail under Section 167(2) CrPC as challan has been presented after expiry of statutory prescribed period under Section 167 . He has placed reliance on Basram S/o Ramdev v. State of Rajasthan and S. Kasi v. State of Tamil Nadu.