- (1.) Heard the learned counsel for the parties.
(2.) This is second bail application filed by the accused-petitioner against the order dated 5.5.2010 passed by learned District Judge, Ajmer in FIR No. 100/2009 registered at Police Station, Pushkar, District Ajmer for the offence under Section 420 IPC.
(3.) The instant criminal case was initiated on lodging of a first information report at Police Station, Pushkar on 30.6.2009. During the course of investigation, the petitioner moved an anticipatory bail application before the learned District Judge which came to be dismissed on 21.1.2010. Thereafter, the petitioner moved an application for bail under Section 438 Cr.P.C. before the High Court Bench at Jaipur but without any success as the same was rejected on 26.2.2010. Subsequently, when the petitioner was arrested, he moved an application under Section 439 Cr.P.C., before the learned District Judge which was dismissed vide order dated 9.3.2010. Being aggrieved of the said order, the petitioner moved an application for bail before the High Court but the same was also dismissed on 18.3.2010. Later on, the petitioner again moved an application before the learned District Judge which was allowed on 6.4.2010. The informant had then moved an application under Section 439 (2) Cr.P.C., before the learned District Judge for cancellation of bail granted to the petitioner. The said application was allowed by the learned District Judge, Ajmer on 21.4.2010. Challenging the order of cancellation of bail, the petitioner moved a criminal misc. petition under Section 482 Cr.P.C., before the High Court. The counsel for the accused- petitioner had prayed for withdrawal of the criminal misc. petition with the liberty that as and when the petitioner surrenders before the Court concerned, it shall decide the same in accordance to law. Therefore, the criminal misc. petition came to be dismissed on 30.4.2010, as being withdrawn with the liberty sought by the petitioner.;