1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 2nd Bail Application No. 6898/2009 Bularam vs. State of Rajasthan Dated : 08.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Manish Gupta, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Manish Gupta Advocate on behalf of the applicant Bularam pertaining to F.I.R. No. 168/2009 at police station Shahajahanpur, Alwar, in the offences under Sections 143, 341, 323 and 307 of IPC. 2. Heard the learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the petitioner is alleged to have caused an injury on the right hand of the injured with club. Life threatening injuries are not found to have been caused by him. The case of the co-accused Vijay is similar to that of the petitioner but bail petition of Vijay was dismissed by this Court, on the ground that he had faced the trial for the offence under Section 302 of IPC earlier also, though, he was acquitted. The petitioner has been falsely implicated in the offence under Section 307 of IPC, hence, he may be granted indulgence of bail. 2 4. Learned Public Prosecutor appearing for the State has opposed the bail petition on the ground that the case of the co-accused Vijay and the petitioner is similar and the petition of Vijay has been dismissed by this Court, hence, on the ground of parity, his bail petition may be dismissed. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, it is noticed that the case is still pending investigation and arrest of one more accused is yet to be made at stated by the learned counsel for the petitioner himself. Hence, I, without expressing any opinion on the merits of the case but keeping in view the gravity of offence, do not feel inclined to grant indulgence of bail to the accused petitioner and the bail petition deserves to be dismissed. 6. In the result, the second bail petition filed on behalf of the petitioner Bularam under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI),J. Mak/- 21