1. - This order governs the disposal of bail petition filed under section 439 of Cr.PC. by Shri S.K. Singodia, Advocate, on behalf of the applicant Omprakash pertaining to FIR No. 138/2009 of Police Station, Bhinai, District Ajmer, in the offence under section 307, IPC.

2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record.

3. Learned counsel for the petitioner has canvassed that the petitioner has been falsely implicated and is in no way connected with the alleged offence of the instant case. His name does not appear in the first information report nor is he alleged to have opened fire. None has sustained any gun shot injury. It is a case of no evidence. There is not even a shred of evidence which could connect the petitioner with the offence of attempt to commit murder. Hence, he deserves to be released on bail.

4. Learned Public Prosecutor has albeit (opposed) the bail petition, but fairly conceded that there is no evidence with regard to opening of fire by the petitioner. The evidence available on record against the petitioner is only this much that he was in frequent contact with Dhan Singh