Second bail application dismissed as premature due to no change in circumstances since the first rejection. Liberty granted to file a fresh application after the trial court records the statement of the injured.
Dismissed the second bail application; granted liberty to file a fresh application after recording the statement of the injured.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 11849/2022
Devi Singh S/o Shri Agar Singh, Aged About 28 Years, R/o Khara Rathoran Ramsar Ps Dist. Barmer (Lodged In Dist. Jail Barmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Dhirendra Singh Sr. Adv assisted |
|---|---|
| byMr. Jagdish Singh | |
| For Respondent(s) | : Mr. Mahipal Bishnoi,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/11/2022
The petitioner has been arrested in connection with FIR No. 159/2022 of Police Station Chouhtan, District Barmer for the offence punishable under Section 307, 323/120-B, 324, 458, 325 of IPC. He has preferred this second bail application under Section 439 Cr.P.C.
The first bail application was dismissed by a co-ordinate Bench of this Court vide order dated 21.07.2022 as not pressed at that stage.
Learned counsel for the petitioner submits that after rejection of the first bail application to till date, the injured has not been examined before the trial court. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
(2 of 2)
[CRLMB-11849/2022]
Per contra, learned Public Prosecutor has opposed the bail application.
After rejection of the first bail application, this Court finds no no change in the circumstances and the present second bail application seems to be premature and is dismissed accordingly.
However, liberty is granted to the petitioner to file a fresh bail application after recording the statement of injured-Sumer Singh. The trial Court is directed to record the statement of injured-Sumer Singh as early as possible.
(MANOJ KUMAR GARG),J
69-raksha/-
2 issues framed by the court
Whether bail should be granted in the second application after the dismissal of the first one without new facts.
Whether a fresh bail application can be filed after recording the statement of the injured party.
2 provisions across 2 enactments
Devi Singh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
