S.B.Criminal Misc. Bail Application No. 7630 of 2009 Ramkesh vs. State of Raj. ---- 5.10.2009 HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Pankaj Gupta, for the petitioner. Mr. Pradeep Shrimal, Public Prosecutor. --- Heard learned counsel for the petitioner and the learned Public Prosecutor. This bail application has been filed by the accused petitioner under section 438 Cr.P.C. The learned counsel for the accused petitioner argued that the petitioner has been falsely implicated in the crime. Prima facie no case is made out against the accused petitioner. The petitioner has not been named in the FIR. The accused petitioner is an agriculturist and he did not work as servant/ driver. Having rivalry in between the parties, he has been falsely implicated, hence he should be released on anticipatory bail. The Public Prosecutor seriously opposed this bail application. He has contended that the case against the accused petitioner is of the offences under section 379 Cr.P.C. and section 54 of the Excise Act, hence bail application of the accused petitioner should not be allowed. For these reasons, I dismiss the application filedl by the petitioner under section 438 Cr.P.c. (Mahesh Chandra Sharma) J. OPPareek/