JITENDRA Vs. STATE OF RAJ

JUDGEMENT

(1.) THESE five second bail applications have been filed under section 439 Cr.P.C. by the accused petitioners Arvind, Girdhar, Jitendra, Daamji Bhai and Lalit Gagwani, in FIR No.427/2010 registered at Police Station Kotwali, District Dholpur for the offence under sections 5/9-B, 9 C of Explosive Act, 1884 but lateron during investigation offence under sections 5 and 6 of the Explosive Substances Act, 1908 and sections 420, 465, 467, 468, 471, 120 B IPC were also added.

(2.) EARLIER the petitioners Arvind, Girdhar, Jitrendra, Lalit Gagwani and Daamji filed bail application No. 1416 of 2011 along with accused person Sunil also. By the order of this court dated 2.6.2011, the first bail applications of these five petitioners along with Sunil was rejected by this court by a detailed order. Prior to it bail applications of the accused petitioner Arvind (Bail Application No. 01/2011), accused petitioners Girdhar, Jitendra, Damjibhai, and Lalit Gagwani along with Sunil ( Bail Application No. 02/2011) were rejected by the Additional Sessions Judge (Fast Track) No.1 Dholpur vide order dated 13.1.2011.

(3.) MR. Peeyush Kumar, the Public Prosecutor opposed the bail application of the accused petitioners and stated that the accused petitioners are involved in obtaining illegal delivery of 160 trucks of explosives and thereafter selling the same to the persons other than licencee. The accused petitioners are involved in a case of illegally obtaining explosives and there are serious allegations against the accused petitioners and at this stage they are not entitled to be released on bail under section 439 Cr.P.C. The learned Public Prosecutor further opposed the bail applications of these five accused petitiones on the ground that there is no new circumstance to be considered by this court for enlarging the accused petitioners on bail.