Atul Yadav S/O Shri Ramveer Singh vs State Of Rajasthan
2021 Latest Caselaw 6158 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S.B. Criminal Miscellaneous 2nd Bail Application No. 14481/2021

Atul Yadav S/o Shri Ramveer Singh, Aged About 27 Years, R/o
05, Ekta Colony, Itava, Uttar Pradesh.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Petitioner(s) : Mr. Mahendra Shandilya For Respondent(s) : Mr. Ganesh Saini, PP Mr. Hemant Sharma for complainant

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

29/10/2021

1. This Criminal Misc. 2nd Bail Application has been

brought under Section 438 of Cr.P.C. seeking anticipatory bail in

connection with F.I.R. No. 337/2020, registered with Police Station

Kotwali Neem Ka Thana, District Sikar for the offence(s) under

Section 380 IPC. The first bail application under Section 438 of

Cr.P.C. was dismissed on 15.06.2021.

2. It has been submitted on behalf of learned counsel for the

petitioner that he has been falsely implicated in this case on the

basis of vehicle which was registered in UP. He has not been

named in the FIR. As per FIR, offence was committed by three

women who visited the shop of the complainant. It is further

submitted that complainant and present petitioner have entered

into a compromise and after compromise, this second bail

application under Section 438 of Cr.P.C. has been preferred. The

(2 of 2) [CRLMB-14481/2021]

copy of the compromise has been placed in file. The petitioner has

paid complete amount equal to the value of stolen ornaments. He

is ready to cooperate with the investigation. Learned counsel for

the petitioner has relied upon the judgment of this court in the

case of Ganesh Raj Vs. State of Rajasthan & Ors.[(2005) 2 WLC

327].

3. Learned Public Prosecutor has opposed the bail application.

4. Perused the record of the case. The Investigation is pending

under Section 380 IPC against the present petitioner. First

anticipatory bail application was dismissed on merits. Second

anticipatory bail application has been filed on the basis of

compromise but offence is not compoundable and mere fact of the

compromise between the parties does not constitute a change in

the facts circumstances or in law which requires earlier view to be

interfered with.

5. Accordingly, without commenting upon detailed merits of the

case, this court is of the view that no case is made out for grant of

pre-arrest bail to the accused petitioner.

6. Accordingly, this second bail application under Section 438

Cr.P.C. is dismissed.

(MANOJ KUMAR VYAS),J

Pooja /9

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