1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6730/2009 Dinesh Kumar vs. State of Rajasthan Dated : 01.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Mukesh Bijraniya, for the petitioners. Mr. G.S. Fauzdar, Public Prosecutor. Mr. Rakesh Saharan, for the complainant. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Mukesh Bijraniya Advocate on behalf of the applicant Dinesh Kumar pertaining to F.I.R. No. 61/2009 of Police Station Sadar Fatehpur in the offences under Sections 304 and 323 of IPC 2. Heard the learned counsel for the petitioner, learned counsel for the complainant as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioners has contended that he has been falsely implicated in this case. From the facts as narrated in the FIR as also collected by the Investigating Officer, do not constitute an offence under Section 304 of IPC. The fact is that the petitioner was taking the pick up back and that time Dhanesh aged 15 years came under the pick up and died. The cause of death as described by Medical Jurist has been found to be shock due to head injury and infra cranial hemorrhage which occurred because of this accident. The petitioner has been in custody since 13.7.2009, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor as also learned counsel for the complainant have opposed 2 the bail application primarily on the ground that neither the petitioner was driver nor the owner of the vehicle. The driver of the pick up left the vehicle unattended, the petitioner sat on the driver seat and took the pick up back knowingly that the deceased was standing on the rear side, as a result of which, the deceased Dhanesh came beneath the tires of the pick up and died on the spot. He has further contended that one day prior to this occurrence, the petitioner and the deceased had a trivial scuffle and with a view to wreak vengeance, the petitioner caused this accident, hence, the 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, do not feel inclined to grant bail to the petitioners 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 stands dismissed. (MAHESH BHAGWATI)J. Mak/- s-14