RAJESH SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for anticipatory bail under Sec. 438 Cr.P.C. has been filed by the petitioner, in connection with FIR No.59/2024 registered at Police Station Pratapnagar, Jodhpur City West, for offences under Ss. 341, 323, 354, 509 IPC. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. The allegation against the present petitioner is that on 16/2/2024, he had assaulted the complainant and his family members and had also used abusive language against them. At the time of alleged incident, the petitioner was heavily inebriated.

(2.) This Court vide order dtd. 1/5/2024 directed the learned Public Prosecutor to procure the case diary from the Investigating Officer. From the perusal of the case diary, this Court prima facie finds that in the alleged incident, which took place on 16/2/2024, the complainant and his family members have sustained injuries. Having gone through the investigation made by the investigating agency in connection with FIR No.59/2024 lodged at the Police Station Pratapnagar, Jodhpur for the offences under Ss. 341, 323, 354, 509 IPC, in the prima facie opinion of this Court, the complicity of the present petitioner in commission of the alleged crime cannot be ruled out at this stage.

(3.) In view of the above discussion and looking to the seriousness of accusation against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner under Sec. 438 Cr.P.C. Accordingly, the bail application under Sec. 438 Cr.P.C. is dismissed.