1 39 S.B.CRIMINAL MISC.THIRD BAIL APPLICATION NO.6353/2009 Prem Das Teji Vs. The State of Rajasthan DATE OF ORDER : 9th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.V.K. Mathur ) Mr.Farzand Ali ) for the petitioner. Mr.Mahipal Bishnoi,Public Prosecutor for State. Mr.P.C.Solanki, for the complainant. .... BY THE COURT The petitioner is accused of offences under Sections 341, 323, 324, 325, 326, 307,149 IPC and 4/25 Arms Act in FIR No.94/2009, Police Station, Sadar Kotwali, Jodhpur; and has moved this third application for bail under Section 439 Cr.P.C. The learned counsel for the petitioner has strenuously argued that the allegations against the petitioner have been suggested in this matter in an exaggerated manner and else, it had been the persons of the complainant-party of the present case who were the aggressors with weapons; and who charged upon the petitioner and the persons related with him and inflicted substantial injuries wherefor FIR bearing No.93/2009 was lodged at the same police station at about 11:00 pm on 29.06.2009 by the petitioner, prior to the present FIR bearing No.94/2009. It is further submitted that though several injuries have been suggested in relation to the injured Sunil but looking to the nature of accusations, it is apparent that there had been several persons in the both groups and all the injuries cannot be attributed to the petitioner. 2 The learned counsel for the petitioner further submitted that the charge-sheet having already been filed in this case and no investigation being pending, no purpose would be served with detention of the petitioner any further. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after having examined the challan papers, this Court does not feel persuaded to extend indulgence to the petitioner in this third bail application. It is noticed that the accusations against the petitioner relate, inter alia, to the offence under Section 307 IPC with the allegations of his having caused, with the use of a sword, multiple injuries on the vital parts of the body of the injured Sunil including the one on the middle one-third of the chest that has has been opined to be dangerous to life. Looking to the totality of circumstances and the nature of accusations against the petitioner, even when charge-sheet has been filed in the cross-case for offences under Sections 147, 149, 323, 324, 341 and 427 IPC on the FIR (No.93/2009) lodged by the petitioner ten minutes earlier than the FIR (No.94/2009) lodged in the present case, in the opinion of this Court, no case is made out for grant of bail to the petitioner at this stage. Accordingly, this third bail application moved on behalf of the petitioner Prem Das Teji s/o Dharm Das Teji under Section 439 Cr.P.C. stands rejected at this stage. (DINESH MAHESHWARI),J. s.soni