RAJHORE,J. - (1.) THIS bail application under Section 439 Cr.P.C. has been filed by the accused petitioner against the order dated 15.07.2011 passed by the learned District and Sessions Judge, Dholpur in FIR No.234/2011 which was registered at Police Station, Sarmathura, District Dholpur for the offences under Sections 379 and 411 IPC, Section 3/25 of the Arms Act and Section 16/54 of the Rajasthan Excise Act.
(2.) THE case of the prosecution is that on 06.07.2011, Shri Lakhan Singh Khatana, SHO, Police Station Sir Mathura, having received information, proceeded with force towards the temple of Kharrawale Baba and the road coming from Sone Ki Gurja where they had put barricade on the road. At about 5.20 p.m., one motorcycle with two persons came from Sone Ki Gurja and a plastic cane was kept between them on the motorcycle. When the police party tried to intercept the motorcycle, on having seen the persons in police uniform the accused ran towards the jungle after throwing away the motorcycle, Subsequently, the police personnels succeeded in catching the person who was driving the motorcycle and on the enquiry made from him, it was revealed that he was the petitioner Devi Singh. Further, it was found that he was carrying a country made pistol of 315 bore which was loaded with one live cartridge. He had disclosed the name of the other person traveling on the motorcycle as Deshraj Gurjar. On further checking made by the police, it was found that the plastic cane contained liquor prepared from spirit and the accused persons were not possessing any document with regard to liquor, country made pistol Or cartridge carried by them, in the form of licence or permit. The motorcycle was also found to be a stolen one. After preparing the seizure memos of the articles recovered, the accused was arrested and taken to the police station. Thereupon the instant first information report (234/2011) was registered for the offences under Section 379/411 IPC, Section 3/25 of the Arms Act and Section 16/54 of the .Rajasthan Excise Act. The investigation commenced thereafter.
(3.) THE bail application filed by the accused petitioner was dismissed by the learned Magistrate and thereafter by the learned Sessions Judge, Dholpur on 15.07.2011 against which the present bail application has been filed.;