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Judgment
4 paragraphs · 256 wordsN.S. Azad, J.—Heard on admission.
Aperusal of order dated 16-8-2001 passed in M.Cr.C. No. 3354/2000 by this Court, reveals that the first application for anticipatory bail which was moved on behalf of this petitioner and registered as M.Cr.C. No. 6861/98 was disallowed and rejected by this Court, and on the ground of suppression of this fact at the time of moving the second application for anticipatory bail, which was registered as M.Cr.C. No. 3354/2000, the subsequent bail application was also rejected with a direction that after surrender, or arrest the petition moved u/s 439 of the Cr.PC on behalf of the petitioner, shall be heard on the same day or atleast by next day, without being influenced of the order of rejection of earlier bail application.
Now it is submitted by Shri Rai that the first information report, which is now marked as Annexure ''C'', was not considered or brought to the notice of the Court, at the time of consideration of first application, hence, this bail application be treated as first bail application.
It is not disputed that at the time of rejection of the first bail application which was registered as M.Cr.C. No. 6861/98, the case diary was available. The non-mention of consideration of first information report, in bail order, does not mean that it was neither considered nor brought to the notice of the Court, hence this third application for bail, without there being any change in the circumstances, is not maintainable which is rejected at the stage of admission.