MAHESH BHAGWATI, J. - (1.) THIS order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. R.N. Mathur Advocate on behalf of the applicant Deepak Saini pertaining to F.I.R. No. 114/2009 of Police Station Chomu, Jaipur Rural, District Jaipur in the offences under Sections 436, 147, 353, 460 and 302/149 of IPC.
(2.) HEARD the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. Learned counsel for the petitioner has canvassed that the co-accused Ravi Meena has already been granted bail by the co-ordinate Bench and the case of the petitioner is similar to that of the co-accused person. His case is quite distinguishable from the case of Sonu Meena who is the main accused of this case. The police after completion of investigation has filed the charge-sheet in the court, which is pending trial. The trial is likely to take time, hence, he may be granted indulgence of bail. Learned Public Prosecutor appearing for the State has vehemently opposed the bail application on the ground that an FIR came to be registered against five accused persons namely Sonu Meena, Kailash, Deepak Saini, Ajay Saini and Ravi Meena. These persons were drunk and creating a turmoil near the STD shop of Ravi Meena. When they were asked by the complainant and other constables not to wreak havoc, they were asked to come down by them, when they came down, all the accused persons except Sonu Meena boarded the Maruti Van and fled from there. At about 12:30 pm in the night, one constable Dana Ram was sleeping in a room. These accused persons came over there, pour petrol and ignited the fire resulting into death of Dana Ram. He is alleged to have burnt to death. The act of pouring petrol and igniting fire was intentional, hence, the bail petition may be dismissed. Having reflected over the submissions made at the bar and scanned the relevant material available on record including the first bail order dated 26.08.2009 rendered by this Court, there does not seems to be any change in the fact situation, hence, I do not find any good ground to change my earlier view and the second bail petition filed on behalf of the petitioner also deserves to be dismissed and stands dismissed accordingly.MUKESH_C_;