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S.B. CRIMINAL MISC. 2nd BAIL APPLICATION NO. 5982/2009.
Kuldeep Singh Vs. The State of Rajasthan
Date of Order :: 17th November 2009.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. S.R. Sharma ]
Mr. A.K. Dadhich ], for the petitioner.
Mr. Mahipal Bishnoi, Public Prosecutor.
...
BY THE COURT:
The first bail application as moved by the petitioner was
dismissed as withdrawn on 29.07.2009 while giving the
petitioner a liberty to apply for bail afresh after recording of the
statements of the prosecutrix.
It appears from the papers placed before the Court that
the statement of the prosecutrix was indeed recorded as PW-7
on 03.11.2009.
Apart that the contents of this bail application as filed on
10.11.2009 suggesting as if the prosecutrix had not been
examined yet are not correct, it appears that after such
statements of the prosecutrix, the petitioner had not applied for
bail afresh before the learned Trial Court.
In the circumstances, though this bail application is
rejected on the given status of record but the liberty as granted
in the order dated 29.07.2009 to the petitioner to apply for bail
afresh after recording of the statements of the prosecutrix
remains open in the manner that the petitioner would be free
to apply for bail afresh before the learned Trial Court and then,
if necessary, to this Court.
With the observations aforesaid, this second bail
application under Section 439 Cr.P.C. moved on behalf of the
petitioner Kuldeep Singh S/o Mishra Singh stands rejected.
(DINESH MAHESHWARI), J.
//Mohan//