Citation : 2022 Latest Caselaw 4776 Tel
Judgement Date : 20 September, 2022
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
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
(2018) 11 Supreme Court Cases 458
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