(1.) The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Sec. 439 CrPC seeking regular bail.
(2.) In paragraph 7 of the bail petition, the accused declares the following criminal history:- <FRM>JUDGEMENT_33_LAWS(P&H)1_2023_1.html</FRM>
(3.) It is not in dispute and highlighted that the second respondent is a sitting Member of Parliament facing several criminal cases. It is also not in dispute that most of the cases ended in acquittal for want of proper witnesses or pending trial. As observed by the High Court, merely on the basis of criminal antecedents, the claim of the second respondent cannot be rejected. In other words, it is the duty of the Court to find out the role of the accused in the case in which he has been charged and other circumstances such as possibility of fleeing away from the jurisdiction of the Court etc.