1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 5566/2009 Mahadeva vs. State of Rajasthan Dated : 06.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Manoj Avasthi, for the petitioner. Mr. Amit Poonia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Manoj Avasthi Advocate on behalf of the applicant Mahadeva pertaining to F.I.R. No. 261/2009 of Police Station Kotwali, District Dholpur in the offences under Sections 147, 149 and 307 of IPC. 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 the allegations levelled against the petitioner are omnibus. He is not alleged to have armed with fire arm nor any fire arm has been recovered from his possession or at his instance. Both the parties have lodged FIR against each other with regard to this incident. The petitioner is an old man of 70 years of age. He has been falsely implicated, as such, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application primarily on the ground that injured Sahab Singh has categorically stated that it is the petitioner who abetted Kalla to open fire on him and Dhua Ram as a result of which Sahab Singh sustained three injuries and Dhua Ram sustained four injuries out of which three injuries are found to be puncture wounds (Pellet type). The case is 2 still pending investigation, hence, the petition may be dismissed. 5. Having considered the submissions made at the bar and scanned the relevant material on record, I, without expressing any opinion on the merits of the case, at this stage, do not feel inclined to grant bail to the accused petitioner which 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 Mahadeva stands dismissed. (MAHESH BHAGWATI)J. Mak/- 5