1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 5905/2009 Shankar Singh vs. State of Rajasthan Dated : 04.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Anshuman Saxena, 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. Anshuman Saxena Advocate on behalf of the applicant Shankar Singh pertaining to F.I.R. No. 463/2007 of Police Station Badi, Dholpur in the offence under Section 302, 148, 458, 307 read with Section 149 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 he has been in custody for quite a long time. The petitioner has been falsely implicated. He is not alleged to have opened fire and caused the death of Mahabiro and Ramprasad. The main accused has been in custody and material witnesses have not deposed against him. The trial is likely to take time, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor drawn my attention to the statements of PW-7 Rampujan and contended that this witness has categorically alleged that the petitioner opened fire by his gun. The trial of the case is at its fag end, which shall be completed soon, hence, the petition may be dismissed. 5. Having considered the submissions made at the bar and scanned the relevant material on 2 record, I without expressing any opinion on the merits of the case, at this stage, do not feel inclined to grant bail to the 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 stands dismissed. (MAHESH BHAGWATI)J. Mak/- 21