IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Cr. Misc. IInd Bail Appl. No.2208/2010 Shankar Vs. State of Rajasthan Dated : 22.07.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Anil Jain, for the petitioner. Mr. GS Fauzdar, PP for the State. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Anil Jain, Advocate on behalf of the applicant Shankar pertaining to F.I.R. No. 7/2008 of police station Basaidang, Dholpur, in the offences under Sections 147, 149, 353, 307 of IPC and Section 11 of R.D.A. Act. 2. Heard the learned counsel for the petitioner as also learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that accused Shankar has been in custody for the last two years. He has been facing trial only in two cases and in rest of three criminal cases, he has already been acquitted by the learned trial court. Learned counsel took me through the statements of PW/8-Balvinder Singh, PW/6- Rohitash Kumar and PW/5-Roop Singh and contended that PW/8-Balvinder Singh has deposed in his statement that he had seen accused petitioner Shankar from the distance of one kilometer, which does not seem to be probable. He has been falsely implicated simply because of the reason that he happens -2- to be a member of gang of dacoit Jagan Singh. Eight prosecution witnesses have been examined. On the basis of these statements, the accused cannot be convicted, hence, he deserves indulgence of bail at this stage. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition, primarily on the ground that accused-Shankar has been involved in five criminal cases, including one case of murder registered at Police Station Badi. The material witnesses namely, Lakhan Singh and Mahaveer Prasad who identified the accused, have not yet been examined. Mahaveer Prasad was the in- charge of A.D.F. Team and the petitioner does not deserve to be released on bail, unless these witnesses are examined. The petitioner is a member of the gang of the dacoit, hence, the bail petition should be dismissed. 5. Having considered the submissions made at the bar and carefully perused the statements of eight prosecution witnesses examined so far by the learned trial Court, I do not feel inclined to grant indulgence of bail to the petitioner at this stage. 6. However, he may file another bail petition after recording the statements of the material witnesses. 7. In view of the above, the second bail petition filed on behalf of the accused Shankar S/o Shri Babu under Section 439 of Cr.P.c. stands dismissed. (MAHESH BHAGWATI)J