Mr. Dinesh Maheshwari, J. - (1.) The petitioner Gulla Ram @ Gulab Singh, having been challaned for the offences under Sections 147, 148, 149, 341, 323, 324, 307 and 302 IPC along with co-accused persons, earlier moved a bail application bearing No. 2733/2009 to this Court but on 19.05.2009, withdrew with liberty to move afresh at appropriate stage; and the said bail application was dismissed with the following order:- "Learned counsel for the petitioner submits that the petitioner shall stand advised not to proceed with this bail application at this stage but to move for bail at appropriate stage particularly after complete reports are filed, more particularly in relation to the co-accused Shanker Dan; and, therefore, seeks permission to withdraw with liberty to move afresh at appropriate stage. Permission granted. Having regard to the circumstances, the bail application filed by the petitioner Gula Ram alias Gulab Singh under Section 439 Cr.P.C. is dismissed as withdrawn with liberty as prayed."
(2.) It was noticed at the stage of consideration of the said first bail application that though challan had been filed against the petitioner Gulla Ram with the co-accused Kalu Ram @ Nanda Ram son of Shankar Ram Jat and Chhotu Ram son of Gena Ram and was being separately filed against three juveniles; but further investigation was kept pending under Section 173 (8) Cr.P.C. in relation to the other accused persons Bhanwar Lal son of Bhagu Ram, Bhura Ram son of Shanker Ram, Rakesh son of Chhotu Ram, Bhika Ram son of Gaina Ram and Shanker Ram son of Pancha Ram.
(3.) On 26.05.2009, however, the Investigating Agency submitted its final report to the effect that the aforesaid remaining accused persons were not involved in the crime; and thereafter, the petitioner moved a fresh bail application to the learned Sessions Judge that was rejected on 20.06.2009. Hence, this second bail application.;