S.B.CR. MISC. IInd BAIL APPLICATION NO.4791/2008 POPI @ MUKESH VS. STATE OF RAJ. 17.7.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Mukesh Sharma, for the petitioner. Mr. BK Sharma, Public Prosecutor for the State. This order governs the disposal of IInd bail application filed by Shri Mukesh Sharma, Advocate on behalf of the applicant Popi @ Mukesh pertaining to F.I.R. No. 175/2008 of Police Station Mahaveer Nagar, Kota, in the offence under Section 143, 379 and 323 IPC. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and also perused the photostat copies of the relevant documents supplied by the learned counsel. The learned counsel for the accused applicant has contended that a charge-sheet has been filed against all the three accused persons namely Babulal, Manish @ Maniya and present applicant Popi @ Mukesh in the Court. He has been in custody since 7th June, 2008 and the trial of the case is likely to take time. Hence, the IInd bail petition may be considered and he should be released on bail. The learned Public Prosecutor, has opposed the bail application on the ground that so many cases have been pending against the accused in the Court and the accused is a habitual offender. Hence, the bail petition may be dismissed. Having considered and reflected over the order dated 17th June, 2008 passed by this Court, it is found that the first bail petition of the accused -2- petitioner was dismissed on the ground that so many criminal cases of similar nature have been pending against the accused appellant and the appellant Popi @ Mukesh has always been an associate of the principal accused persons Manish @ Maniya and Babulal. It was also observed by this Court in the bail order that the incidents of alike nature of offences had become a walk of life in the city, I do not find any ground to change my earlier view. Hence, in the facts and circumstances of the case, the second bail petition too deserves to be dismissed. In the result, the second bail application filed on behalf of the applicant Popi @ Mukesh S/o Laduram under Section 439 Cr.P.C stands dismissed. (MAHESH BHAGWATI),J. pcg