1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 4013/2009 Rakesh Thakal @ Budhi Bhadur vs. State of Rajasthan Dated : 08.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Ms. Saroj Trivedi, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Ms. Saroj Trivedi Advocate on behalf of the applicant Rakesh Thakal @ Budhi Bhadur pertaining to F.I.R. No. 642/2008 at police station Malviya Nagar, Jaipur, in the offences under Sections 328, 394 and 397 of IPC. 2. Heard the learned counsel for the petitioner as also 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 the last one year. The other co-accused persons except the petitioner, have already been enlarged on bail by the court below. The case is still pending trial, which is likely to take time, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition on the ground that the petitioner is the main accused of this case. He was serving as a servant in the house of the complainant, who administered some 2 intoxicating material in the tea and with the assistance of other co-accused persons, committed the robbery. Hence, the bail petition may be dismissed. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case but keeping in view the manner in which the robbery is alleged to have been committed by the petitioner, do not deem it just and proper to grant indulgence of bail to the accused petitioner and the bail petition deserves to be dismissed. 6. In the result, the bail petition filed on behalf of the petitioner Rakesh Thakal @ Budhi Bhadur under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI),J. Mak/- s-1