GANESH Vs. STATE OF RAJ.

JUDGEMENT

(1.) After hearing both the parties on the. application under Section 439 Cr.P.C. filed by accused-petitioner Ganesh against the order dated 10.5.2013 which was passed by Additional Sessions Judge, No. 1, Udaipur in Criminal Misc. Case No. 146/2013 (relating to FIR No. 396/12) of PS Sukher District Udaipur under Sections 394 and 365/34 IPC and after perusing the order dated 10.5.2013 passed by Additional Sessions Judge, No. 1, Udaipur, I am of the opinion that charges against accused Ganesh are very serious. It has been alleged that on 25.12.2012 at 8 P.M. when complainant was in his car with his fiancee, four persons forcibly trespassed into his car and by using force on both of them they snatched the car from the complainant as well as their three ATM cards, golden ring, chain and ear-rings from the lady. The trial court had also dismissed the bail application of co-accused Raju @ Rajia on two occasions earlier but Raju has of filed any bail application before us. Without expressing any opinion on the merits of the case, but looking to the fact that one of accused Sonu @ Narendra in this case was a history-sheeter against whom at least five cases were pending in the different courts under IPC and Arms Act, on the charges of robbery etc. and looking to the gravity of the crime allegedly committed by accused petitioner Ganesh in the company of history sheeter criminals, he does not deserve any indulgence of bail at this stage and accordingly his bail application is hereby dismissed. Copy of this order be sent to courts, below. Since the second bail application No. 3286/2013 of co-accused petitioner Sonu @ Narendra has not been listed for hearing before us today, so that second bail application will be decided separately when it will be listed for hearing before this Court.