Single judge bench dismissed a second pre-arrest bail application filed under Section 438 Cr.P.C. The court held it just and proper not to grant bail, noting a prior dismissal of the first application on 09.12.2020.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 19025/2021
Nawab Singh S/o Nathi, R/o Jhirka Paroa PS Gadibajna Dist. Bharatpur
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Brij Mohan Sharma For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
07/12/2021
Petitioner has filed this bail application u/s 438 of Cr.P.C apprehending his arrest in connection with FIR No.82/2019 registered with Police Station Gadhi Bajana District-Bharatpur for the offence/s punishable u/s 147, 148, 149, 332, 353, 307, 336 and 160 of IPC
It has been submitted on behalf of the petitioner that this is a second bail application filed after dismissal of the first bail application as the circumstances have changed. The petitioner has been falsely implicated in this case. Charge-sheet has been filed in the learned trial court. Other parties have entered into compromise. The compromise was arrived at between the parties but the concerned SHO filed the FIR himself. The petitioner is ready to surrender before the learned trial court.
Learned Public Prosecutor has opposed the bail application.
(2 of 2)
[CRLMB-19025/2021]
Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the record.
The first bail application under Section 438 of Cr.P.C. was dismissed on 09.12.2020 taking into account all the facts and circumstances of the case. This is a pre-arrest bail application.
On consideration of the submissions made by the parties, material available on record, nature of allegation and looking to overall facts and circumstances of the case, but without commenting upon detailed merits of the case, this court does not find it just and proper to grant anticipatory bail to the present petitioner.
Accordingly, the second bail application is dismissed.
(MANOJ KUMAR VYAS),J
Sunita/17
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in the second application after dismissal of the first.
Whether the changed circumstances justify expanding anticipatory bail after prior dismissal.
1 provisions across 1 enactments
Nawab Singh S/o Nathi
State Of Rajasthan, Through PP
Manoj Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
