JAI PRAKASH BAGRWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second pre-arrest bail application is filed by the petitioner to thwart his arrest pursuant to investigation into FIR No.140/15 of Police Station Kolayat, District Bikaner, wherein besides petitioner seven other accused persons are charged for offences punishable under Sections 420, 467, 468, 471, 406, 463 & 120B IPC. Petitioner s first pre-arrest bail application was dismissed as infructuous while considering interim protection granted to him in S.B. Cr. Misc. Petition No.2028/2016.

(2.) It is argued by learned counsel that petitioner has been falsely implicated. Learned counsel would contend that coordinate Bench dismissed the criminal misc. petition as not pressed while granting liberty to the petitioner to take up all issues at appropriate stage. Learned counsel has urged that now Investigating Agency is taking hectic steps to harass and humiliate petitioner by arresting him. Lastly, learned counsel has also submitted that second pre-arrest bail application under Section 438 Cr.P.C. is maintanable. Reliance in this behalf is placed on Full Bench decision of this Court in Ganesh Raj Vs. State of Rajasthan & Ors., 2005 CrLJ 2086.

(3.) Per contra, learned Public Prosecutor has argued that prima facie materials are available against the petitioner and therefore no case for grant of pre-arrest bail is made out. It is also submitted by learned Public Prosecutor that for the aforesaid offences 18 other cases are pending against the petitioner, and therefore, looking to his conduct he is not entitled for pre-arrest bail. Learned Public Prosecutor has also referred to order passed by Coordinate Bench dated 10th of August 2016.