MAHESH BHAGWATI, J. - (1.) THIS order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. R.K. Mathur Advocate on behalf of the applicant Ummed Mal Jain pertaining to Criminal Case No. 87/2005 pending before ACJM, No.3, Ajmer in the offences 467, 468 and 471 of IPC.
(2.) HEARD 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 he is being falsely implicated and are in no way connected with the commission of offences of the instance case. He is innocent, as such, he may be granted indulgence of anticipatory bail. Learned Public Prosecutor appearing for the State has opposed the bail petition. Having considered the submissions made at the bar and carefully perused the relevant material available on record, it is noticed that the accusations as levelled against the petitioner do not seem to be false, groundless and baseless. It is not a fit case wherein, the petitioner can be granted indulgence of anticipatory bail. The provisions of Section 438 of Cr.P.C. are sparingly used in rarest of rare circumstances. In Pankaj vs. State of Raj., RLW 1996(1) Raj., 628 this court has categorically observed that the provisions of Section 438 are attracted only when it is found that the accusation or allegations levelled against the petitioner are found to be totally false, baseless and groundless. It is for the accused to set out that no prima facie case is made out against him. From the facts on record, it is not reflected that the accusation against the petitioner are totally false and baseless. Hence, in the instant case, the petitioner is not entitled to get the anticipatory bail.
(3.) IN the result, the bail petition filed under Section 438 of Cr.P.C. on behalf of the petitioner Umed Mal stands dismissed. However, keeping in view the submissions made by the learned counsel for the petitioner, he is granted liberty to surrender before the concerned Magistrate having jurisdiction. The concerned Magistrate is directed to consider and dispose of the bail petition, if filed, in accordance with the provisions of law preferably on the same day.;