S.B.CR. MISC. BAIL APPLICATION NO.7658/2008 HARENDRA SINGH VS. STATE OF RAJ. 24.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. HS Bikarwar, for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C by Shri HS Bikarwara, Advocate on behalf of the applicant Harendra Singh pertaining to F.I.R. No.284/2008 of Police Station Sevar, District Bharatpur, in the offences under Sections 366, 379 of IPC. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. The learned counsel for the petitioner has contended that he has been falsely implicated in this case. Otherwise too, the offences wherein the petitioner is alleged to have been involved, are triable by the Court of Judicial Magistrate Fist Class. The trial of the case is likely to take time, as such, keeping him in custody for uncertain period shall serve no purpose and he may be released on bail. The learned Public Prosecutor has opposed the bail petition on the ground that the petitioner persuaded Smt. Assan wife of Shri Hira Singh to accompany him on a glaring false pretention that her husband had met with an accident, whereas in fact he did not meet any accident. Smt. Assan carried with her Rs.2500/- and some ornaments made of silver and gold. The learned Public Prosecutor has further contended that earlier also the accused petitioner committed the same nature of offence and a report was lodged by Smt. Assan against him. Thus the petitioner has committed an offence of abduction and theft and he should not be allowed bail. Having considered the submissions made at the bar and perused the relevant material made available to me, without expressing any opinion on the merits of the case but looking to the facts and circumstances, I do not feel inclined to grant bail to the petitioner. -2- In the result, the bail petition filed on behalf of the accused petitioner under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI)J. PCG