S.B.CR. MISC. BAIL APPLICATION NO.7813/2008 UDAILAL AND ANR. VS. STATE OF RAJ. 20.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. KK Katewa, for the petitioners. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed by Shri KK Katewa, Advocate on behalf of the applicant Udailal and Nathu pertaining to F.I.R. No. 250/2008 of Police Station Harmada, District Jaipur in the offences under Sections 395 and 397 of IPC. Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record. Learned counsel for the petitioner has canvassed that the co-accused Mohan Lal of this case has already been enlarged on bail by the Coordinate Bench vide order dated 23rd September, 2008. The case of the petitioners is similar to that of his case. The petitioners have been falsely implicated, as such they deserve to be released on bail. Learned Public Prosecutor has opposed the bail petition on the ground that they had committed a decoity along with 7-8 or more accused persons who were armed with clubs and rods and caused hurt to the complainant. Since they are involved in a very serious nature of offence, their bail petition may be dismissed. Having considered the submissions made at the bar and scanned the material on record, it is noticed that albeit the petitioners have been in custody since 16th July, 2008 but looking to the facts and circumstance of the case and gravity of the offence, I do not deem it just and proper to enlarge the accused petitioners on bail. -2- In the result, the bail petition filed under Section 439 of Cr.P.C on behalf of the accused petitioners namely Udailal S/o Shri Partu and Nathu S/o Shri Harlal stands dismissed. (MAHESH BHAGWATI)J. PCG