JUDGMENT 1. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record. 2. The petitioner has been arrested in FIR No. 45/2018 of Police Station Jayal District Nagaur for the offences punishable under Sections 148, 149, 341, 323, 307, 302 IPC. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that the allegation against the petitioner of inflicting injuries on the deceased is false. It is also submitted that all the co-accused persons have already been enlarged on bail. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application and submitted that all eye witnesses have specifically stated that the petitioner is caused fatal injury on the body of the deceased. It is also submitted that the case of the petitioner is distinguishable from that of co-accused who have been enlarged on bail. 5. Having regard to the totality of the facts and circumstances of the case and having gone through the charge-sheet, it is clear that the case of the petitioner is distinguishable from all co- accused who have been enlarged on bail, looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner at this stage. 6. Accordingly, the bail application preferred by the petitioner under Section 439 Cr.P.C. is rejected. However, the petitioner is free to move fresh bail application before the trial court after recording the statements of eye witnesses/injured witnesses.