ORDER : – This is second application filed by the applicant under section 438 of the Code of Criminal Procedure, for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No. 208/2021 registered at Police Station Kshipra, District-Indore for an offence punishable under section 406, 407 of the Indian Penal Code.

2. First application of the applicant bearing M. Cr. C. No. 60411 of 2021 was dismissed as withdrawn by order dated 10-12-2021 after being argued at length with liberty for him to surrender and seek regular bail.

3. A preliminary objection has been raised by learned counsel for the respondent/State to the effect that the instant second application under section 438 of the Criminal Procedure Code is not maintainable as the earlier application of the applicant was dismissed as withdrawn with liberty for him to surrender and seek regular bail and was not dismissed on merits or dismissed as withdrawn simpliciter hence the only remedy for the applicant is now to act in terms of the previous order and he cannot renew his prayer for grant of anticipatory bail.

4. Learned counsel for the applicant submits that second application under section