Rakesh Kumar Alias Golu vs State Of Himachal Pradesh

Ajay Mohan Goel, J

Heard for some time.

During the course hearing, this Court while perusing the order dated 20.01.2021, passed by the Court of learned Special Judge, Sirmaur District at

Nahan in Bail Application CIS Case No. 12/2021, has observed that one of the reasons which prevailed upon the learned Special Judge while

dismissing the earlier bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure was that other coÂaccused involved

in the offence were yet to be arrested and the challan was yet to be filed in the Court. During the course of hearing, learned counsel for the petitioner

has submitted that the other co accused were thereafter arrested and they have been released on bail. He further submitted that the challan has also

been filed in the Court.

In these circumstances, this Court is of the considered view that the better course available to the petitioner is to withdraw this petition and

approach the Court of learned Special Judge, Sirmaur afresh under Section 439 of the Code of Criminal Procedure, on account of changed

circumstances.

Learned counsel for the petitioner submits that he has instructions to withdraw this petition, with liberty to the petitioner to approach the Court of

learned Special Judge, Sirmaur afresh, on account of changed circumstances. Petition is permitted to be withdrawn, with liberty to the petitioner to

approach the Court of learned Special Judge, Sirmaur by way of a fresh petition under Section 439 of the Code of Criminal Procedure. It is clarified

that this Court has not made any observation on the merits of the case and in the event of the petitioner again approaching the Court of learned

Special Judge, Sirmaur for grant of bail under Section 439 of the Code of Criminal Procedure, the same shall be decided by the learned Court below

without being influenced by any observation made by this Court in this order.

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