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Judgment
Madan Gopal Vyas, J
The present anticipatory bail application has been filed by the petitioner under Section 438 Cr.P.C. apprehending his arrest in connection with FIR No.59/2023 registered at Police Station Nagori Gate, District Jodhpur for the offences under Sections 370 & 374 of IPC r/w Section 75 & 79 of J.J. Act and under Section 3 & 14 of Child Labour (Prohibition & Regulation) Act, 1986.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He submits that due to the vengeance, the petitioner has been entangled in the present case. It is further submitted that if the allegations made in the FIR are taken in its entirety, then, no offence under Section 370 & 374 of IPC r/w Section 75 & 79 of J.J. Act and under Section 3 & 14 of Child Labour (Prohibition & Regulation) Act, 1986 is made out against the petitioner. Thus, it is submitted that there is no requirement of the petitioner for custodial interrogation.
Learned Public Prosecutor while relying upon the factual report dated 22.05.2023 submits that the Investigating Agency after investigating the matter prima facie found that the offence under Sections 370 & 374 of IPC is made out against the petitioner, therefore, it is submitted that the petitioner may not be granted indulgence of anticipatory bail.
Heard learned counsel for the parties and perused the material available on record.
Having regard to the facts and circumstances of the case and in view of the fact that the offences alleged against the petitioner are grave in nature, therefore, without commenting on the merits and demerits of the case, this Court do not find it to be a fit case for grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.
Accordingly, the present bail application is hereby rejected.