- (1.) THIS bail application u/s 439 Cr. P.C., has been filed on behalf of petitioner Mehtab Khan against whom investigation is pending along with others for the offences u/ss. 147, 148, 149, 452, 323, 447, 307, 436, 427, 295 and 302 IPC in FIR No. 48/03 P.S. Naichhwa Distt. Sikar.
(2.) LEARNED counsel for the petitioner has contended that he is a government servant and was attending a departmental meeting at the time of alleged offence. He has been falsely implicated in this case so that he may not defend his family members. No specific over -tact has been attributed to him which also shows that he was not present at the scene of occurrence. Learned P.P. as well as the learned counsel for the complainant have both vehemently opposed the bail application. They have submitted that the plea of alibi is neither true and believable nor it can be considered at this stage of investigation. They have also submitted that no specific over -tact has been ascribed to other accused persons also and. therefore, simply because no over -tact has been ascribed to him it cannot be inferred that he has been falsely roped -in this case.
(3.) HAVING considered the rival submissions made at the bar and after a thorough perusal of the case diary and without expressing any opinion on the merits of the case at this stage. I do not deem it just and proper to enlarge the petitioner on bail at this stage when investigation is still pending and his plea of alibi is yet to be verified in the investigation.;