HITESH KUMAR Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor as well as counsel for the respondent No. 2.

(2.) The present petition has been filed under Sec. 439(2) Crimial P.C. against the bail order dated 29.10.2009. The main contention of the petitioner is that respondent No. 2 had misused the liberty given to him and he visited his house and threatened him. The report was also ledged for the same incident under Sections 107 and 116, Crimial P.C. The respondent was bound for keeping peace and good behaviour and hence facility of bail should be cancelled.

(3.) In reply to this, respondent No. 2 has specifically submitted that he never misused the liberty given to him. Three prosecution witnesses have already been examined and the petitioner is deliberately not coming to the Court for giving evidence and he never misused the liberty and rather, he filed the bond for keeping peace and good behaviour. It is also submitted that previously before the Sessions Court, the petition under Sec. 439 (2) has been submitted by the present petitioner and after considering the relevant factors, the learned Sessions Judge had dismissed that petition. No new facts have been emerged after that and hence this second petition, on the same ground, is not maintainable.