IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.6082/2010. Ramesh Chand & Ors. Vs. State of Rajasthan Date of order : July 8, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashvin Garg for petitioners. Shri Amit Poonia, Public Prosecutor for State. ******
Heard learned counsel for petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for petitioners is that there is only one injured from the side of the complainant, who has sustained only one grievous injury and four simple injuries whereas, there are two injured from the side of the accused petitioners, namely; petitioners No.2 and 3, respectively, who have sustained four simple injuries. All the petitioners were arrested on 16/6/2010 and in their case investigation is complete and challan has been filed. In the cross FIR lodged by the petitioners against the complainant party for offence under Sections 452 and 323 IPC, investigation is not complete. Injured himself has not named any of the accused petitioners by name as author of the grievous injury. A general allegation has been made against all the accused of causing lathi and sword blow whereas, there is not a single injury by sharp edged weapon. Challan has recently been filed. Trial of the case is likely to take long. There is no other case pending against the petitioners.
Learned Public Prosecutor has opposed the bail application.
Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioners on bail.
In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners Ramesh Chand S/o Bhanwar Lal, Ramswaroop S/o Bhanwar Lal and Narayan Lal S/o Panna Lal shall be released on bail in FIR No.177/2010 P.S. Aklera, District Jhalawara for offence u/Ss.341, 323, 325 and 307/34 IPC on each of them furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for their appearance before that court on all dates of hearing until conclusion of the trial.
(MOHAMMAD RAFIQ), J.
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