1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 7015/2009 Amin vs. State of Rajasthan Date of Order :: 11.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Manoj Avasthi, counsel for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Manoj Avasthi, Advocate on behalf of the petitioner pertaining to F.I.R. No. 68/2009 of police station Rajakhera, District Dholpur in the offence under Sections 326 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner took me through the statements of PW-1 Noorshah; PW-2 Chandni; PW-3 Sabina; PW-4 Noor Mohammad; PW-5 Jalauddin; and PW-6 Devendra Kumar and contended that all these witnesses have not supported the prosecution story and turned hostile. The petitioner is alleged to have poured the acid on Chandni, Ranveer and Mahaveer, but Chandni herself has not supported the prosecution case. 2 Hence in view of th statements of these witnesses, the petitioner may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application for name's sake. 5. Having considered the submissions made at the bar and carefully perused the relevant material available on record including the bail order dated 4th June, 2009 rendered by the Sessions Judge, Dholpur, it is noticed that Sulphuric acid was poured on Chandni, Ranveer and Mahaveer by the petitioner and thus, the grievous injuries were caused. The Doctor has described these injuries to be permanent dis-figuration. Only Chandni is found to have been examined by the trial court, but the other two material witnesses of this case namely Ranveer and Mahaveer are yet to be examined and their evidence is of great significance to the disposal of this case. Hence, I, without expressing any opinion on the merits of the case, but keeping in view the nature and the gravity of the offence, do not feel inclined to grant indulgence of bail to the petitioner, and his bail application deserves to be dismissed. 6. In the result, the bail application filed under Section 439 of Cr.P.C. on behalf of the petitioner Amin S/o Ismail Khan stands dismissed. (MAHESH BHAGWATI), J. DK/-