Naresh Kumar v. Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioner, who apprehends arrest for the alleged offences under Sections 294(b), 324 and 506(i) of IPC in Crime No.83 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that 07.02.2023 at about 6.00 p.m., when the defacto complainant was cleaning his car in front of his shop, the petitioner was shouting, when the defacto complainant tried to talk to him, he had abused and the defacto complainant with filthy language. At that time, he picked up a broken photo frame from the garbage and attacked him furiously, thereby, he caused severe injuries. Hence the case.

3. The learned counsel for the petitioner would submit that this is the second application for anticipatory bail and the earlier application filed by the petitioner was dismissed by this Court in Crl.O.P.No.5633 of 2023 vide order dated 13.03.2023. He further submitted that now, the investigation has been completed, therefore, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (crl.side) appearing for the respondent Police would submit that the petitioner is a habitual offender, against whom, there are two previous cases pending. He would further submit that this Court, taking into consideration the entire facts and the materials available on record, had dismissed the earlier anticipatory bail application filed by the petitioner, stating that the petitioner has got two previous cases and there is no change of circumstances. He would further submit that the investigation is still pending in this case and the final report has been filed in the previous case. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Heard the learned counsel for the petitioner as well as the learned Government Advocate (crl.side) and perused the entire materials available on record.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (crl.side), this Court is of the opinion that the petitioner has got two previous cases

and the investigation is still pending and further, there is no change of circumstances, therefore, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. 13.04.2023 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 13.04.2023