Crl.Petition No.8164 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.8164 OF 2022
ORDER:
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking bail to the petitioner who is arrayed as Accused No.1 in the event of his arrest in Crime No.16 of 2022 on the file of Station House Officer, Chandanagar Police Station, Cyberabad registered for the offences punishable under Sections 376(2)(n), 420 and 494 of Indian Penal Code and Section 3(2) (Va) SC/ST POA Act, 2015.
2. Heard learned counsel for the petitioner/Accused No.1 and learned Assistant Public Prosecutor for the respondent-State. Perused the record.
3. This is the third bail petition. Earlier two bail applications filed by the petitioner/Accused No.1 were dismissed by this Court on as there are no grounds to grant anticipatory bail to this petitioner.
4. Learned counsel for the petitioner relied upon a judgment of Hon'ble Supreme Court in case of Lt.Col.Prasad Shrikant Purohit v.
Crl.Petition No.8164 of 2022 2 State of Maharashtra1 and argued that subsequent bail applications are maintainable.
5. There is no dispute regarding the law laid down by the Hon'ble Supreme Court regarding the successive bail application. But in the present facts of the case when there are no changed circumstances, this bail application is not maintainable. However, the investigating officer shall conduct investigation regarding the evidence produced by the petitioner/Accused No.1 about false implication before taking any coercive steps.
6. Accordingly, the Criminal Petition is disposed off.
As a sequel thereto, miscellaneous applications, if any pending, shall stand closed.
_____________ K.SURENDER, J Date: 20.09.2022 ns 1 (2018) 11 Supreme Court Cases 458