- (1.) Present application has been preferred under Sections 439 and 440 of the Code of Criminal Procedure, 1973 in connection with the offence registered with Adityapur Police Station bearing P.S. Case No. 184 of 2010, corresponding to G.R. No. 497 of 2010, for the offences punishable under Sections 406, 419 and 420 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate at Saraikela.
(2.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain this bail application as there is, prima facie, case against the present petitioner. Moreover, previously preferred bail application being B.A. No. 6491 of 2010 was already dismissed by detailed speaking order vide order dated 29th September, 2010. Paragraphs 2 and 3 thereof are as under: "2. Having heard counsel for both the sides and looking to the evidences collected during the course of investigation, it appears that there is prima facie case against the present petitioner. Counsel for the petitioner submitted that the present petitioner was engaged with Bright Idea Sales Private Limited and, therefore, he has collected from every candidate for registration Rs. 400/and, thereafter, Rs. 25,000/to give the job of Assistant Manager. This is a false promise given to the unemployed poor candidates who are now witnesses to the prosecution. It also appears from the investigation that sizable amount has been collected by this type of bright ideas running in the mind of the present petitioner and other co-accused persons. 3. It is also argued by the counsel for the petitioner that now, some settlement has been arrived at Annexure3. Looking to this affidavit, it appears that there is nothing else, but, tampering with the evidences. By remaining in jail if there is a tampering then I am not inclined to enlarge the petitioner on bail otherwise, he may not be available at the time of trial or he may tamper with the evidences, which have been collected by the prosecution."
(3.) After the aforesaid order is passed, there is no change in the circumstances except the efflux of time. Moreover, the case before the trial court is going on in its full swing and few of the prosecution witnesses have already been examined by the trial court.;