1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 56 of 2011 Rupesh v. State of Maharashtra -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr S.A. Marathe, Adv for applicant Mr N. Rode, APP for State Coram: A. P. Bhangale, J Dated : 16th March 2011 1. Heard learned counsel for the applicant and learned Assistant Public Prosecutor for State. By this application under Section 438 Cr. P.C. applicant prays for grant of anticipatory bail. Earlier also, the applicant had moved an application for anticipatory bail by Criminal Application No. 2221 of 2009 which was rejected by this Court by a reasoned order dated 10th August 2009. 2. Applicant has moved this application on the ground that his custody was not required by the Investigating Officer nor he was arrested despite rejection of anticipatory bail application by this Court. It is not necessary to enter into merit as earlier plea for anticipatory bail was rejected on merit. According to applicant, after the said rejection, since the applicant is not arrested till today, there is change in circumstance for the applicant to approach this Court for grant 2 of anticipatory bail and that he is ready and willing to abide the terms and conditions that may be imposed by this Court. On the other hand, it is specifically contended by learned APP that since the date of registration of crime, applicant is absconding and that investigating agency has made every effort to know his whereabouts (para 3 of affidavit in reply). Applicant has not furnished any material showing that he is continuously available at village Kakad Shivni and the statement made in affidavit is incorrect. It is thus apparent that applicant is avoiding his arrest. He could have surrendered to the Investigating Officer or the Court concerned to show bonafides so as to apply for bail on merit, but that was not done. For these reasons, there is no change in circumstance as pleaded in the application. Application is rejected. JUDGE joshi