S.B.CRIMINAL MISC. BAIL APPLICATION NO.4964/2009 (Kalu Ram Vs. State of Rajasthan) Date of Order : 1st December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI None present for the petitioner Mr.Anil Joshi, Public Prosecutor Nobody is present for the petitioner though the matter has been called out twice over. It is noticed that on the last occasion i.e., on 04.11.2009 also, nobody appeared for the petitioner though the matter was called out twice over. It appears that the petitioner has lost interest in prosecuting this bail application, filed way back on 17.09.2009; and even the copies of the challan papers have not been filed. There does not appear any reason to keep this bail application pending any further. It is borne out from the observations made in the order dated 08.09.2009 as passed by the Additional Sessions Judge No.1, Chittorgarh, that the petitioner is facing trial for the offences under Section 304B and 498A IPC for unnatural death of his wife; and even the allegations have been made that the in-laws of the deceased, including the present petitioner, ran away from the hospital while leaving the deceased unattended. In the totality of circumstances, the petitioner does not appear entitled to any indulgence at this stage. This bail application as filed under Section 439 Cr.P.C. on behalf of the petitioner Kalu Ram s/o Banshi Lal is, therefore, rejected. However, this rejection shall, otherwise, be not of prejudice to the petitioner to apply for bail afresh, of course, in accordance with law. (DINESH MAHESHWARI),J. MK