1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6692/2009 Ramkesh Meena vs. State of Rajasthan Date of Order :: 07.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Mahendra Sharma, Counsel for the petitioner. Mr.Amit Poonia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Mahendra Sharma Advocate on behalf of the applicant Ramkesh Meena in FIR No. 108/2009 of police station Rawanjana Doonger, District Sawai Madhoupr registered for the offence under Sections 143, 283, 336, 332, 353 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 has submitted that the petitioner is innocent; he has been falsely implicated in the case, hence, the petitioner may be granted indulgence of anticipatory bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Having considered the submissions 2 made at the bar and carefully scanned the relevant material available on record, the accusation as levelled against the petitioner does not seem to be false, groundless and baseless. The provisions of Section 438 of Cr.P.C. are sparingly used in rarest of rare circumstances. 6. In Pankaj vs. State of Raj., RLW 1996 (1) Raj., 628 this court has categorically observed that the provisions of Section 438 are attracted only when it is found that the accusation or allegations levelled against the petitioner are found to be totally false, baseless and groundless. It is for the accused to set out that no prima facie case is made out against him. From the facts on record, it is not reflected that the accusation against the petitioner are totally false and baseless. Hence, in the instant case, the petitioner is not entitled to get the anticipatory bail. 7. In the result, the bail petition filed under Section 438 of Cr.P.C. on behalf of the accused-petitioner Ramkesh Meena stands dismissed. (MAHESH BHAGWATI), J. DK/-