1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6716/2009 Ram Janki Devi vs. State of Rajasthan Dated : 01.09.2009 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Vivek Sharma, for the petitioner. Mr. G.S. Fazudar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Vivek Sharma Advocate on behalf of the applicant Ram Janki Devi pertaining to F.I.R. No. 38/2006 of police station Mahhila Thana, Jaipur City (North) in the offence under Section 304-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 is being falsely implicated and is in no way connected with the commission of the offence of the instant case. He is an innocent person. Hence, he may be granted indulgence of anticipatory bail. 4. Learned Public Prosecutor has opposed the bail petition. 5. Having considered the submissions made at the bar and perused the relevant material available on record, it is noticed that now a days rapists, triple murder accused and most corrupt have started seeking anticipatory bail making the provision one of the most abused sections of the Cr.P.C. The provisions of 2 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 petitioner are totally false and baseless. Hence, in the instant case, the petitioner is not entitled to get the anticipatory bail. 7. In the result, the bail petition filed under Section 438 of Cr.P.C. on behalf of the petitioner stands dismissed. (MAHESH BHAGWATI), J. Mak/- s-19