IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6868/2009 Rafif Tayar vs. State of Rajasthan Dated : 07.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Abdul Rahim Khan, for the petitioner. Mr. G.S. Fauzdar, for Public Prosecutor. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Abdul Rahim Khan Advocate on behalf of the applicant Rafif Tayar pertaining to F.I.R. No. 151/2009 at police station Udhyog Nagar, Kota, in the offences under Sections 399 and 402 of IPC and Section 3/25 and 4/25 of Arms Act. 2. Heard the learned counsel for the petitioner learned Public Prosecutor appearing for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that the co-accused Zahid has already been enlarged on bail by the co-ordinate Bench. It is alleged that a sword was recovered from his possession. Similarly, in the case of petitioner, one Chhura is alleged to have been recovered. The case of the petitioner is distinguishable from the case of Abid @ Bunti. A fire arm is said to have been recovered from him. Hence, on the ground of parity, he may also be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition on the ground that the petitioner is a habitual offender and he has been found to be involved in four other criminal cases. Albeit, they are said to be disposed of as per the arguments advanced by the learned counsel for the petitioner. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case but keeping in view the gravity of the offence as also the antecedents of the petitioner, do not deem it just and proper to grant indulgence of bail to the accused petitioner and the bail petitioner deserves to be dismissed. 6. In the result, the bail petition filed on behalf of the petitioner under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI),J. Mak/- s-13