CRLMB7426/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.7426/2010 Ramkhiladi Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 04.08.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Pankaj Gupta, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that the offence under Section 457 of the IPC has been falsely added in order to make the offence non-bailable, otherwise the incident took place in the morning and the dispute in between the parties is in respect of sharing of water for irrigation because the accused-party and the complainant-party both have their agriculture field adjacent to each other and the allegation of causing injury leading to removal of teeth of Kistur Chand is against co- accused Ramesh Chand and not against the present petitioner; petitioner is in jail from 28.07.2010. Except the offence under Section 457 IPC, the other offence alleged against the petitioner is bailable; there is no previous case ever registered against the petitioner. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, CRLMB7426/2010 // 2 // namely, Ramkhiladi Son of Shri Gangasahay on bail under Section 439 Cr.P.C., in FIR No.290/2010, Police Station Sadar Dausa, District Dausa, for offence under Sections 143, 457, 323, 354 and 325 of the IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//