Single judge of the High Court dismissed a second bail application filed by Mahendra Singh. The court held that no substantial change in facts and circumstances existed to justify granting bail, despite the recording of prosecution witness statements.
Second bail application for grant of bail dismissed.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. CRIMINAL MISC. SECOND BAIL APPLICATION NO.3950/2016.
: :
Mahendra Singh Vs. State of Rajasthan
: :
Date of Order :: 09/05/2016
HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL.
Mr. Manish Gupta, for the petitioner.
Mr. Virendra Godara, Public Prosecutor for the State.
Heard learned counsel for the parties.
This is second bail application filed by the petitioner on the ground that the statements of material prosecution witnesses have been recorded during trial.. The first bail application was dismissed as withdrawn vide order dated 18.5.2015.
On consideration of submissions made on behalf of the respective parties and the material made available for my perusal including the statements of material prosecution witnesses recorded during trial, copy of which has also been made available on record, and more particularly looking to the age of the prosecutrix, but without expressing any final opinion on the merit and de-merit of the case, I do not find any substantial change in the facts and circumstances of the case so as to allow this application for grant of bail of the petitioner.
Consequently, the second application for grant of bail is dismissed.
(PRASHANT KUMAR AGARWAL),J.
A.Arora/Item No.10.
2 issues framed by the court
Whether the petitioner is entitled to bail in this second bail application.
Whether the statements of prosecution witnesses recorded during trial constitute substantial change in facts to warrant bail.
Mahendra Singh
State of Rajasthan
PRASHANT KUMAR AGARWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
