Teekendra @ Manoj S/O Ghaseeta vs State Of Rajasthan
2021 Latest Caselaw 2537 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S.B. Criminal Miscellaneous IInd Bail Application No. 8492/2021

1.     Teekendra @ Manoj S/o Ghaseeta, R/o Vill. Gureera PS
       Jurhera Dist. Bharatpur
2.     Pradeep S/o Ramsukh, R/o Vill. Gureera PS Jurhera Dist.
       Bharatpur
                                                                 ----Petitioners
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Petitioner(s) : Mr. Navankur Dubey through video conferencing For Respondent(s) : Mr. Chandra Gupt Chopra, Public Prosecutor

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

30/06/2021 This 2nd bail application has been filed under Section

438 Cr.P.C. in connection with FIR No.171/2020, registered at

Police Station Jurhera, District Bharatpur for the offences under

Sections 323, 341, 326 and 34 of IPC.

Learned counsel for the petitioners submits that the

petitioners are not named in the FIR and the main accused has

already been enlarged on bail by this Court under Section 438

Cr.P.C. Hence, the anticipatory bail application of the petitioners

may be granted.

During the course of arguments, learned counsel for

the petitioners, has placed reliance upon a judgment passed by

this Court in case of Ganesh Raj vs State of Rajasthan & Ors.,

(2 of 2) [CRLMB-8492/2021]

reported in 2005 CriLJ 2086. Para No.7 of the aforesaid judgment

reads as under:-

"In the following cases second anticipatory bail application under Section 438 Cr.P.C. was found to be maintainable".

On the other hand, learned Public Prosecutor has

opposed the bail application.

Heard and perused the material as well as the

judgment relied upon by the learned counsel for the petitioners.

First anticipatory bail application of the petitioners

under Section 438 Cr.P.C. was dismissed as withdrawn by this

court vide order dated 26.03.2021. Since then, there is no change

in the facts and circumstances of the case. Both petitioners are

named in the FIR and as per the said FIR, petitioner Teekendra @

Manoj was armed with lathi and in the alleged incident Vishnu and

Charan Singh got injuries. Therefore, looking to the above facts

and circumstances of the case but without expressing any opinion

on the merits and demerits of the case, I deem it not proper to

enlarge the petitioners on anticipatory bail.

Accordingly, this 2nd anticipatory bail application is

dismissed.

(CHANDRA KUMAR SONGARA),J

Satyendra/4

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