Honble SHETHNA, J.–On the basis of anticipatory bail order dt. 6.11.98 passed by this Court (S.C. Mittal, J.) it was submitted by learned counsel Shri Rathore for the petitioner that this second anticipatory bail petition should be granted.

(2). First bail petition of the present accused petitioner was rejected by me on 23.10.98 by brief speaking order. It is unfortunate that the order passed by this court rejecting the anticipatory bail petition of the present accused was never brought to the notice of learned Single Judge by learned P.P. who appeared in the matter of co-accused Rajendra Prasad. If, it was brought to the notice of learned Single Judge, perhaps the Single Judge might not have granted anticipatory bail to the co- accused. Be that as it may, once the bail petition under Section 438 Cr.P.C. is rejected, there is no question of granting second bail petition filed by the accused under Section 438 Cr.P.C. It is clear that the petitioner was evading his arrest, which would disentitle him even from regular bail.

(3) With these observations this second bail petition is rejected.

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