1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 5271/2009 Dharmendra Singh vs. State of Rajasthan Dated : 18.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Anil Jain, for the petitioner. Mr. Amit Poonia, Public Prosecutor. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Anil Jain Advocate on behalf of the applicant Dharmendra Singh pertaining to F.I.R. No. 172/2006 of Police Station Nihalganj, Dholpur in the offences under Sections 399 and 402 of IPC as also Section 3/25 of Arms Act. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that co-accused persons namely Rahul and Janak @ Ajay have been acquitted of the charges under Sections 399 and 402 of IPC by the learned trial court. The petitioner has been in custody for the last three years but even the charges have not been framed so far by the learned trial court. The trial of the case is at its primitive stage, which is likely to take time, hence, the petitioner may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Having considered the submissions made at the bar and scanned the relevant material on record, I, without expressing any opinion on the merit of the case but keeping in view the 2 gravity of the offence and other attending circumstances and the nature of articles recovered from their possession, do not deem it just and proper to grant bail to the petitioner and the same deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner stands dismissed. 7. However, learned trial court is directed to expedite the trial and conclude the same preferably within a period of four months keeping hearing of the case on day to day basis, as the petitioner has been in custody for the last more than three months. (MAHESH BHAGWATI)J. Mak/- 4