A subsequent bail application must show substantial changes in circumstances to be considered, otherwise it is treated as a review of the earlier rejection.

Order :

1. This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.108/2021 registered at Police Station Chhattargarh, District Bikaner for the offences under Sections 147, 148, 341, 323 and 302 read with Sections 149 and 120-B of IPC.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. The first bail application filed by the petitioner being S.B. Criminal Misc. Bail Application No.7937/2023 was dismissed by this Court vide order dated 10.08.2023. The order dated 10.08.2023 is reproduced below for ready reference:-

“This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.108/2021 registered at Police Station Chhattargarh, District Bikaner, for offences under Sections 302, 147, 148, 149, 120-B IPC.

Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the contents of FIR, challan papers and statements of eye witnesses of the case.

This Court after going through the material placed before it, prima facie finds that the petitioner has not only been named in the FIR as an assailant who brutally assaulted the deceased but specific allegation of causing injuries upon deceased with lathi has also been levelled against the present petitioner. This Court from the perusal of post mortem report also prima facie finds that the cause of death in the opinion of Medical Board constituted at Community Health Centre, Nai Mandi, Gharsana was multiple injuries and fractures sustained by the deceased.

In the opinion of this Court, since the presence of the petitioner at the place of incident has been established by the eye witnesses, it would not be justified for this Court to consider the individual role of the petitioner in commission of alleged crime when he alongwith other co-accused persons has been charged under Section 149 IPC.

In view of aforesaid discussion, this Court after considering the facts and circumstances of the case, keeping in view the seriousness of accusation and brutality of alleged crime, so also the severity of punishment, is not inclined to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is dismissed.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.”

4. As per the prosecution on 27.07.2021, the petitioner and the co-accused person in a pre-planned manner, obstructed the way of the deceased- Bhagirath and his son- Yogesh, and thereafter, mercilessly beaten them with blunt weapons. In the alleged incident, the deceased was caused multiple injuries due to which he died. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case.

5. Learned counsel submitted that the petitioner is in judicial custody since 29.07.2021 and the trial is proceeding at snail’s pace. Learned counsel submitted that the petitioner neither inflicted any injury to the deceased- Bhagirath nor participated in the alleged incident. All the allegations are fabricated. The FIR was lodged by Yogesh (PW.1) who during his Court statements, has admitted that he knew the petitioner previously, still he has mentioned wrong name of the petitioner’s father in the FIR just to implicate him in the criminal case. Learned counsel submitted that the statements of the material prosecution witnesses have already been recorded before the competent criminal Court and therefore, now there is no apprehension of the petitioner influencing them or fleeing away from justice.

6. Mainly on these grounds, learned counsel implored the Court to enlarge the petitioner on bail.

7. Per contra, learned Public Prosecutor has vehemently opposed the bail application.

8. Having cons