Court dismissed second bail application filed under Section 439 Cr.P.C. directing petitioner to approach Trial Court first, as prior application was already dismissed by this Court.
Application disposed of with direction to approach lower court before file returning to High Court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No. 4493/2023
Yogendra Kumar Son Of Babulal, Aged About 23 Years, Resident Of Jhalatala Ucchar, Police Station, Laxmangarh, District Alwar (Rajasthan) ( Presently Confined In Central Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Sher Singh Mahla, PP Mr. Ashok Kumar
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
14/07/2023
The 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner- Yogendra Kumar Son Of Babulal, against the impugned order dated 12.01.2023 passed by learned Court below for the offence under Sections 376(2)(n), 363, 366, 344 & 506 IPC in FIR No. 374/2022 registered at Police Station Raini, District Alwar.
Heard learned counsel for both the sides and perused the entire material available on record. It is emanating from the record that the first bail application filed on behalf of the present petitioner under Section 439 Cr.P.C. was dismissed by this Court. The 2nd bail application has been filed without prior approaching to the learned Trial Court for the redressal of his grievances. It is directed to the petitioner firstly to approach the learned Trial Court
[CRLMB-4493/2023]
(2 of 2)
and raise all his objections/submissions/grounds which are taken in this bail application.
In view of the aforesaid observations, the present bail application is disposed of accordingly.
(VINOD KUMAR BHARWANI),J
SAHIL SONI /1
1 issue framed by the court
Whether second bail application filed without exhausting local court remedies should be entertained.
2 provisions across 2 enactments
Yogendra Kumar Son Of Babulal
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
