DHARMENDRA PANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Despite service, no one has appeared on behalf of the victim.

(2.) The jurisdiction of this Court has been invoked by way of filing an application under Sec. 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below: <IMG>JUDGEMENT_134_LAWS(RAJ)10_2023_1.jpg</IMG>

(3.) It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. The matter is of civil nature which has arisen due to non-fulfillment of commercial obligations and does not attract criminal liabilities. It is further contended that none of the ingredients of the offences contained under Ss. 420, 406 and 120B of IPC are made out against the petitioner from the allegations levelled in the FIR. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.