1 19 S.B.CRIMINAL MISC. BAIL APPLICATION NO.4986/2009. Mehboob Khan Vs. The State of Rajasthan DATE OF ORDER : 7th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr. Manish Shishodia, for the petitioner. Mr. Anil Joshi,Public Prosecutor for State. .... BY THE COURT: The petitioner, accused of offences under Sections 143, 332, 353, 394 IPC and said to be in custody since 01.09.2009, seeks bail under Section 439 Cr.P.C. The learned counsel for the petitioner has strenuously argued on the bail plea of the petitioner with the submissions that the petitioner is in custody since 01.09.2009, that the alleged offences are triable by Magistrate, and that no useful purpose will be served with his further detention. It has also been argued that the other case as referred against the petitioner had been of a private contractual dispute and the petitioner cannot be said to be a habitual offender. However, the facts and circumstances of the present case are noticed that the petitioner is accused of charging upon the police party with the co-accused and of having caused injuries upon the police personnels on 06.02.2009 and then, having evaded the process of law for long inasmuch as 2 he was arrested only on 01.09.2009. It is also noticed that the petitioner did apply for anticipatory bail that was declined by the Sessions Court on 17.03.2009 and then, the application under Section 438 Cr.P.C. as moved to this Court, being S.B. Criminal Misc. Bail Application No.1944/2009, was dismissed as not pressed on 13.04.2009. The petitioner having still evaded the process of law until the month of September 2009, is a factor operating heavily against him; and this Court does not feel persuaded to grant him indulgence at this stage. Accordingly, this bail application moved on behalf of the petitioner Mehboob Khan s/o Kallu Khan under Section 439 Cr.P.C. stands rejected at this stage. (DINESH MAHESHWARI), J. s.soni