MAHESH BHAGWATI, J. - (1.) THIS order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Kaleem Ahmed Khan Advocate on behalf of the applicant Murad Ali @ Kalu @ Bhaya pertaining to F.I.R. No. 110/2009 of Police Station Kunhadi, Kota in the offences under Sections 394 and 324/34 of IPC.
(2.) HEARD the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record. Learned counsel for the petitioner has contended that he is a poor man. He has been falsely implicated in this case. So far as the pendency of four other criminal cases is concerned, he has been acquitted in all four criminal cases and now there is only one case pending against him before the court, hence, his bail petition may sympathetically be considered and the petitioner may be granted indulgence of bail. Learned Public Prosecutor has opposed the bail application primarily on the ground that the petitioner has been involved in five criminal cases. He seems to be a habitual offender, hence, his bail petition may be dismissed. Having considered the submissions made at the bar and scanned the relevant material on record, I, without expressing any opinion on the merit of the case but keeping in view the gravity of offence, do not feel inclined to grant bail to the petitioner and the same deserves to be dismissed. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner stands dismissed. ;