CRLMB/16521/2018 of MUBARIK@MUBBA S/O SHRI NASRU B/C MEV Vs STATE OF RAJASTHAN THROUGH PP on 21 December 2018

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANBENCH AT JAIPUR

S.B. CRIMINAL MISC. BAIL APPLICATION NO.16521/2018

Mubarik @ Mubba S/o Shri Nasru, B/c Mev, R/o FakarpurKhori, Tehsil Nagina District Nuh Mewat (Haryana)

----Petitioner

Versus

State of Rajasthan Through PP

----Respondent

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For Petitioner :Mr. Sanjay KhanFor Respondent : Mr. R.S. Raghav, P.P.

__________________________________________

HON'BLE MRS. JUSTICE SABINAJudgment

21/12/2018

Petitioner has filed this petition under Section 438 Codeof Criminal Procedure, 1973 seeking anticipatory bail in F.I.R.No.574/2016 registered at Police Station Tijara, District Alwarfor the offence under Sections 147, 148, 149, 353, 379, 307& 120-B Indian Penal Code, 1860, Section 29, 32, 33, 41, 42& 52 of The Rajasthan Forest Act, 1953, Section 48 & 68 ofThe Rajasthan Minor Mineral Concession Rules, 1986, Section4/21 of Mines And Minerals (Development And Regulation)ACT, 1957 and Section 3 of Prevention of Damages To PublicProperty Act, 1984.

Learned counsel for the petitioner has submitted thatthe petitioner is not named in the FIR nor is the owner of anydumper recovered from the spot. Similary situated co-accused have been granted anticipatory bail by this court.Petitioner is ready to join investigation.

Learned State Counsel, has opposed the petition.

Keeping in view the facts and circumstances of the case,it would be just and expedient to order the release of thepetitioner on anticipatory bail.

Accordingly, without expressing any opinion on merits ofthe case, this petition is allowed. In the event of arrest,petitioner be admitted to bail subject to satisfaction of theArresting Officer. Petitioner shall join investigation as andwhen required by the police and shall not leave the countrywithout prior permission of the Court. Petitioner shall nottamper with the prosecution evidence.

(SABINA)J.

Mohita/153