MAHIPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application under Sec. 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with the FIR No.23/2016 registered at Police Station Panchodi, District Nagaur for the offences punishable under Ss. 148, 353, 332, 307, 302, 216, 468, 471 read with 149 of Indian Penal Code and Sec. 3 of the Prevention of Damage to Public Property Act and Sec. 8/18 of the Narcotic Drugs and Psychotropic Substances Act and Sec. 3/25 & 7/27 of the Arms Act.

(2.) Mr. Dhirendra Singh, learned senior counsel assisted by Mr. Vijay Bishnoi argued that in an unnamed FIR, the applicant has been falsely implicated merely on the ground of his antecedents, regardless of the fact that there is no evidence worth the name pointing towards involvement of the applicant.

(3.) He submitted that though on 2/12/2022, an argument was advanced by the learned counsel for the applicant that the identification parade of the present applicant (Mahipal Singh) was not conducted by the Investigating Officer, but on perusal of the copies of the identification parade, which have been produced by learned Public Prosecutor, he would not press such argument in the manner it had been advanced.