1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER S.B. Cr. Misc. Bail Application No.9945/2009 Shanker Lal & Anr. v/s State of Rajasthan Date of Order ::: 10.12.2009 HONBLE MR. JUSTICE NARENDRA KUMAR JAIN Shri Ashwani Chobisa, for the petitioners. Shri G.S. Fauzdar, PP, for the State. By the Court:- Heard learned counsel for the parties and examined the challan papers. It is contended on behalf of the petitioners that the investigation in the matter is complete, charge-sheet has been filed, nothing is to be recovered and investigation from them. He further referred the statement of prosecution witnesses Chothmal S/o Shri Kalyan and Smt. Ram Murti Bai W/o Shri Chothmal and argued that allegation of causing injuries on the person of deceased Nand Kishore is against co-accused persons, namely; Jagdish Meena S/o Shri Kalyan and Kalu S/o Shri Rang Lal and there is no specific overt-act against the accused petitioners. The allegation against the petitioners is only in respect 2 of offence u/s 201 IPC which is bailable one. He contended that co-accused similarly situated, namely; Sita Bai has already been released on bail by a co-ordinate Bench of this court in S.B. Cr. Misc. bail application No.9383/2009. He, further contended that the petitioners are in judicial custody, therefore, they may be released on bail. The above facts have not been disputed by the learned Public Prosecutor on the basis of challan papers made available to him. He has also not referred or shown any evidence showing the specific allegation of causing injury on the person of deceased against the petitioners. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I think it just and proper to release the accused-petitioner(s), namely, Shanker Lal S/o Shri Kalyan and Roop Chand S/o Shri Kalyan on bail under Section 439 Cr.P.C., in FIR No.389/2009, Police Station Dai, Bundi, registered under Section(s) 143, 302 and 201 IPC, provided, each of them furnish(s) a personal bond in the sum of 3 Rs.25,000/- (Rupees Twenty Five Thousand only) together with one surety of the like amount to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. Ordered accordingly. The bail application stands disposed of. (Narendra Kumar Jain) J. chauhan/