SHYAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This anticipatory bail application under Section 438 Cr.P.C. has been preferred by the petitioner apprehending his arrest in connection with FIR No.66/2015, Police Station Nokha, District Bikaner for the offences under Section 467, 468, 471 and 120-B IPC.

(2.) Facts in brief are that an FIR came to be filed by the complainant Richhpal at the Police Station Nokha, District Bikaner on 04.02.2015 with the allegation that the petitioner contested the election of Sarpanch held in the Panchayat Samiti Nokha in the year 2015 by using fraudulent means. He filed the nomination papers in January, 2015 and annexed the educational testimonials with the nomination papers wherein, his date of birth was reflected as 10.08.1992. The complainant alleged that as a matter of fact, Shyam Singh's correct date of birth was 10.08.1994. Deliberately, with the intention of showing himself to be above 21 years of age, Shyam Singh gave a wrong declaration of date of birth in the nomination papers and also submitted forged educational testimonials in support of his date of birth.

(3.) Apprehending his arrest in connection with the aforesaid FIR, the petitioner approached the Additional Sessions Judge, No.1, Bikaner by way of an application under section 438 Cr.P.C. Such bail application was rejected by the Additional Sessions Judge, No.1, Bikaner by order dated 28.07.2015 upon which, the petitioner has approached this Court by way of the instant bail application seeking pre-arrest bail.