BailAppl 8975/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Criminal Misc. Bail Application No.8975/07 Kismat Singh Versus State DATE OF ORDER : 20/02/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Anil Upman, for accused-petitioner Mr. R.P. Kuldeep, Public Prosecutor *** Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and perused the material on record. A case for offence u/s.19/54 read with Section 54A of Rajasthan Excise Act was registered against accused-petitioner. First bail application filed u/s.438 Cr.P.C. was dismissed on 3rd December, 2005 in which it was observed that during investigation it came on record that present accused-petitioner was registered owner of the vehicle which was seized and even in the seizure memo, which was prepared on 3rd January, 2005 at 6 AM, it has been recorded by Excise Inspector that those who were initially named in the FIR, their services were hired by the accused-petitioner. Public Prosecutor informed this court that challan has been filed u/s.299 Cr.P.C. against accused-petitioner and at this stage, he filed second bail application u/s.438 Cr.P.C. before learned trial Judge which was dismissed on 27th October, 2007. BailAppl 8975/07 [2] Taking into consideration nature of accusation and the fact that first bail application was dismissed way back in December, 2005 in which the fact about he being registered owner of the vehicle which was seized, has been observed by learned trial Judge in the order rejecting his bail application u/s.438 Cr.P.C. Taking note thereof, this court is not inclined to grant anticipatory bail u/s.438 Cr.P.C. to the accused-petitioner. Consequently, the bail application u/s.438 Cr.P.C. stands dismissed. [AJAY RASTOGI], J. FRBOHRA8975Bail Application2007 20-2.doc