1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6951/2009 Murari vs. State of Rajasthan Dated : 09.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Govind Choudhary, 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 Mr. Govind Choudhary Advocate on behalf of the applicant Murari pertaining to F.I.R. No. 138/2008 at police station Modak, Kota Rural, Kota, in the offences under Sections 302, 201 and 120-B of IPC. 2. Heard the learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the co-accused persons namely Pushplata @ Leela Bai and Mangi lal have already been enlarged on bail by the co-ordinate Bench and this Court. The case of the petitioner is similar to those of the co-accused persons, hence, there being no evidence on record against the petitioner, he may also be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, it is noticed that 2 the cause of death of Radha Kishan was shock, as a result of ante mortem injury to both lungs and vertebral column due to fire arm injury which was sufficient to cause death in the ordinary course of nature. The petitioner is found to have furnished information under Section 27 of Indian Evidence Act regarding the fire arm, used for the commission of offence. He also identified the place, where the deceased Radha Kishan was done to death. It is also noticed that the whole prosecution case rests solely on the circumstantial evidence. The case of the petitioner is not found to be similar to those of the co-accused persons, hence, I, without expressing any opinion on the merits of the case but keeping in view the gravity of the offence, do not deem just and proper to grant indulgence of bail to the accused petitioner and the bail petition deserves to be dismissed. 6. In the result, the bail petition filed on behalf of the petitioner Murari under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI),J. Mak/- s-10