S.B.CR. MISC. BAIL APPLICATION NO.7647/2008 SATTU @ SATYA PRAKASH VS. STATE OF RAJ. S.B.CR.MISC. BAIL APPLICATION NO.7646/2008 BHUR SINGH @ BHURI SINGH @ J.E.N.VS. STATE OF RAJ. 20.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Rajendra Sharma for the petitioner (in bail petition No.7647/2008) Mr. VS Chauhan for the petitioner (in bail petition No.7646/2008) Mr. RP Kuldeep, Public Prosecutor for the State. Since both the aforesaid bail petitions pertain to and arise out of one FIR No.410/2008 of Police Station Gangapur City, District Sawai Madhopur, they have been heard together and are being disposed of by this common order. Both the accused petitioners Sattu @ Satya Prakash and Bhur Singh @ Bhuri Singh @ J.E.N are alleged to have been involved in the offence under Section 143, 353, 307, 413 of IPC and under Section 3/25 of Arms Act. Heard the learned counsel for the accused petitioners, learned Public Prosecutor appearing for the State and perused the relevant material on record. It is alleged that on 5th July, 2008 at 7.30 AM, the Police having received an information chased one white coloured unnumbered Bolero Jeep and got it stopped. It is further alleged that one Ashish Meena, having alighted from the Jeep opened fire at the Police party with an intention to kill them. Ashish was accompanied by vehicle lifters Guman Singh Meena, Sattu Meena, Vinod Meena, Bhuri Singh and others also who managed to immediately flee from there. The Police chased them but of no avail. The learned counsel for the petitioners have contended that they have been falsely implicated in this case. Neither the petitioners are alleged to have opened fire on Police nor any recovery has been made from their possession. There is no evidence on record which may connect the petitioners with the commission of offence of the case, hence they deserve to be released on bail. The learned Public Prosecutor has opposed the bail petition on the ground that the key of Balero vehicle has been recovered from the petitioners along with one country made 315 Bore pistol and live cartridge, hence, their bail petitions may be dismissed. Having considered the submissions made at the bar and scanned the relevant material, it is noticed that the petitioners are found to have been involved in the offences which are of very serious nature. In the present times, the petitioners have constituted a gang to lift the vehicles. Without commenting on the merits of the case but looking to the gravity of offence, I do not feel inclined to grant bail to both the accused petitioners in this case. Hence, the bail petitions filed under Section 439 Cr.P.C. on behalf of the accused petitioners namely Sattu @ Satya Prakash S/o Shri Ramdhan and Bhur Singh @ Bhuri Singh @ J.E.N. are hereby ordered to be dismissed. (MAHESH BHAGWATI)J. PCG