1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6422/2009 Ram Singh Choudhary vs. State of Rajasthan Dated : 27.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Chetan Kumar Jain, for the petitioner. Mr. Amit Punia, Public Prosecutor. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Chetan Kumar Jain Advocate on behalf of the applicant Ram Singh Choudhary pertaining to F.I.R. No. 181/2009 of Police Station Vigyan Nagar, Kota in the offences under Sections 302 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 contended that his name does not figure in the FIR. He has been falsely implicated. It is stated in the FIR that one Master Ji and his wife set her ablaze but she did not name the petitioner in her statements. Learned counsel took me through dying declaration of the deceased and contended that when she was asked as to how did the incident take place, the deceased replied that one Master ji and his wife poured kerosene oil in her hut and set it ablaze. She endeavoured to flee but Master ji whose name was Ravinder Tyagi and his wife caught hold of her and put her back in the burning hut as a result of which, she sustained burn injuries. Learned counsel further contended that it is not the petitioner but Ravinder Tyagi who set the hut ablaze. The petitioner has been 2 in custody for quite a long time and the case is pending trial, which is likely to take time, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application primarily on the ground that Master ji is nobody else but the petitioner Ram Singh. He has impressed upon that the petitioner Ram Singh is known as Master ji also. With regard to the name of Ravinder Tygai emerging in the dying declaration of the deceased, he has submitted that the deceased wrongly took the name of Ravinder Tyagi. The surrounding circumstances and the statements of other witnesses tangibly reveal that it is the petitioner and his wife who set the hut of the deceased ablaze, as a result of which the deceased was burnt to death. Thus, bail 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 but keeping in view the gravity of offence, do not feel inclined 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 Ram Singh Choudhary stands dismissed. (MAHESH BHAGWATI)J. Mak/- 15