DURGAPPA KATTAPPA GUDILO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present Misc bail application under section 439 Cr. P.C., 1973 is preferred by the Accused/petitioner in the matter of FIR No. 819/2016 registered at Police Station Vaishali Nagar, Jaipur (South) for offences punishable under Sections 274, 275, 276, 419, 420, 406, 120-B of IPC and Sections 3, 4, 5, 6 and 7 of Drugs and Magic Remedies Act, 1954.

(2.) Learned counsel for the petitioner submits that as per FIR, victim was pressurized by one lady named Geeta Devi and the amount and gold was taken by co-accused Swami. The allegation against the present petitioner is only that he was there with co-accused Swami, no specific role is assigned to present petitioner, he is in custody since 10.09.2016, investigation has been completed and charge-sheet has already been filed, the alleged offence is triable by first class Magistrate.

(3.) He further submits that charge has already been framed on 13.02.2017 and first date for prosecution evidence was fixed for 01.03.2017, but prosecution evidence has not been completed yet, therefore petitioner is entitled for bail under Section 437(6) Cr. P.C, 1973 as such bail application of petitioner may be allowed and petitioner may be released on bail.