1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6937/2009 Amra & Others vs. State of Rajasthan Date of Order :: 11.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Jai Prakash Gupta, counsel for the petitioners. 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. J.P. Gupta, Advocate on behalf of the petitioners in FIR No. 239/2009 of police station Beawar Sadar, District Ajmer in the offence under Sections 323, 341 and 382 of IPC. 2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in this case hence, they may be granted indulgence of anticipatory bail. 4. Learned Public Prosecutor has opposed the bail application. 2 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, the accusation as levelled against the petitioners 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 petitioners are totally false and baseless. Hence, in the instant case, the petitioners are not entitled to get the anticipatory bail. 7. In the result, the bail application filed under Section 438 of Cr.P.C. on behalf of the accused-petitioners (i) Amra S/o Malla; (ii) Karim, S/o Amra; (iii) Noora S/o Amra; and (iv) Kalu S/o Amra stands dismissed. (MAHESH BHAGWATI), J. DK/-