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2015 Supreme(Raj) 1031

IN THE HIGH COURT OF RAJASTHAN
Nirmaljit Kaur, J.
Kiran Prajapati - Petitioner
Versus
State of Rajasthan - Respondent
Crl. Misc. 2nd Bail Application No. 6745 of 2015
Decided On : 05-08-2015

Advocates Appeared:
For the Petitioner: H.S. Sandhu
For the State : Pankaj Awasthi

Headnote:Criminal Procedure Code, 1973 Section 438 Indian Penal Code, 1860 Sections 420, 467, 468, 471, 474 and 120B – The present second appeal for anticipatory bail is against earlier order – It was contended that in the case of same nature the sarpanchs have been released on anticipatory bail-In the first application withdrawl happened on liberty to surrender in trial court which was not complied with, no question of second application – Bail granted as regular one on surrender as per earlier application.

JUDGMENT :

Nirmaljit Kaur, J.

This is second bail application under Section 438 Cr.P.C. The petitioner is apprehending her arrest in connection with FIR No. 31/2015, Police Station Degana, District Nagaur for the offences under Sections 420, 467, 468, 471, 474 & 120-B I.P.C.

2. This is second anticipatory bail application filed by the petitioner. Her first bail application was dismissed as withdrawn with permission to surrender before the trial court. The present second bail application has been filed in view of the change in circumstances. It is contended that subsequently, in almost 99.5% cases of similar nature, the similarly situated Sarpanches have been released on anticipatory bail by subsequent orders. This is being continuously followed. There is nothing to distinguish the case of the petitioner from those.

3. However, this Court is still not inclined to accept the said argument as the first bail application of the petitioner was withdrawn at the behest of the learned counsel for the petitioner.

4. No ground is made out to entertain this second anticipatory bail application filed by the petitioner.

5. However, this fact has not been disputed by the learned counsel for the State that in all other similarly situated cases, the Sarpanches have been granted anticipatory bail by various Benches with direction to join the investigation. Moreover, the petitioner had sought permission to surrender before the trial court.

6. In these circumstances, the present bail application is disposed of with liberty to the petitioner that in case she surrenders before the trial court within two weeks from today and files an application for regular bail, she shall be released on bail on furnishing personal and sureties bonds to the satisfaction of the trial court on such conditions as may be imposed by the trial court.

Bail application disposed of.


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