S.B.CR. MISC. 2nd BAIL APPLICATION NO. 6356/2009 (Nagodar Khan Vs. The State of Rajasthan) DATE OF ORDER : 7th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr. Bhagirath Bishnoi, for the petitioner. Mr. O.P.Singaria Public Prosecutor for State. Mr. Sheetal Kumbhat, for the complainant. .... The petitioner is accused of offence under Section 436 IPC in FIR No.57/2009 Police Station, Sangad District Jaisalmer. The first bail application as moved by the petitioner was dismissed as not pressed by this Court on 23.10.2009. It appears that the investigation is yet pending in the matter. However, this second bail application has been moved to this Court with the submissions that other persons accused in the matter have been extended protection under Section 438 Cr.P.C. by this Court while allowing Bail Application No. 6018/2009 on 26.11.2009. Mere granting of anticipatory bail to any other person could hardly be taken to be a material change of circumstance so far the petitioner is concerned so as to consider his repeat bail plea at this stage. This Court is not persuaded to grant indulgence to the petitioner at this stage particularly when it is pointed out that investigation still remains pending. The second bail application moved on behalf of the petitioner Nagodar Khan s/o Bachche Khan under Section 439 Cr.P.C. stands rejected at this stage. (DINESH MAHESHWARI), J. MK