S.B.CR. MISC. IIND BAIL APPLICATION NO.9034/2008 BASANT KUMAR VS. STATE OF RAJ. 28.11.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Pankaj Gupta, for the petitioner. Mr. Deen Dayal Sharma, Public Prosecutor for the State. Mr. Manish Kumawat for the complainant. This order governs the disposal of second bail application filed by Shri Pankaj Gupta, Advocate on behalf of the accused petitioner Basant Kumar pertaining to F.I.R. No. 444/2008 of Police Station Kotwali, District Sikar in the offences under Sections 147, 148, 323, 452, 326, 307 read with Section 149 of IPC. Heard the submissions advanced by the learned counsel for the accused petitioner as also the learned Public Prosecutor appearing for the State and scanned the material available on record. Learned counsel for the accused petitioner has contended that the main author of the injury caused to Mohsin is the accused Manoj Khichad. The petitioner's name does not figure in the First Information Report. He does not have any nexus with the commission of the alleged offences. The petitioner has been in custody since 14th October, 2008. The petitioner is also a teacher and his antecedents are totally unblemished. The police report under Section 173 (2) of Cr.P.C. has been filed by the Police and the case is pending trial which is likely to take time, as such the petitioner deserves to be released on bail. Learned Public Prosecutor has opposed the bail petition. Having ruminated the submissions made at the bar and perused the relevant document including earlier bail order dated 23rd October, -2- 2008, it is noticed that the petitioner along with three more accused persons committed house trespass having made preparation for causing hurt to the injured Mohsin and others. The first bail petition was dismissed vide order dated 23rd October, 2008 rendered by this Court and I do not see any good ground to change my earlier view. Under the circumstances, the second bail petition also deserves to be dismissed. In the result, the second bail petition filed on behalf of the accused petitioner Basant Kumar under Section 439 of Cr.P.C. stands dismissed. The learned trial Court is directed to expedite the trial as all the accused persons have been in judicial custody. (MAHESH BHAGWATI)J. PCG