S.B.CR. MISC. BAIL APPLICATION NO.7866/2008 BHAG CHAND AND ORS. VS. STATE OF RAJ. 22.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. JP Gupta, for the petitioners. Mr. Jinendra Jain, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri JP Gupta, Advocate on behalf of the applicants Bhagchand, Prahlad, Devi and Shivraj pertaining to F.I.R. No.196/2008 of Police Station Sarwar Distt. Ajmer in the offences under Sections 341, 323, 143, 352 and 307 of IPC. Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record. The learned counsel for the petitioners has contended that they have been falsely implicated in this case. The petitioners had no intention to cause death of Rukma, she has not sustained any injury on the vital part of the body. The matter is still pending investigation which is likely to take time. Hence, they may be released on bail. The learned Public Prosecutor has opposed the bail petition primarily on the ground that the injured Rukma sustained seven injuries on her person. Her hands and legs have been found to be fractured. Similarly 4th, 5th and 6th rib is also found to have been fractured, after x-ray the Doctor has opined these five fractures to be dangerous to her life, he has also given an opinion that had the injured not been treated in time, he could have died. Thus, keeping in view, the gravity of the offence and the number of fractures caused on the vital part of the body of the injured, the petitioner should be denied bail. Having considered the submissions advanced by both the parties and scanned the material on record including the injury reports of injured Rukma, Lada and Sanju, it is noticed that Rukma sustained five fractures such as on hand, leg, 4th, 5th and 6th rib which have been opined by the Medical jurist to be dangerous to her life. Thus, without expressing any opinion on the merits of the case, I, keeping in view the facts and circumstances and gravity of offence as also the number of injuries sustained by Rukma, do not feel inclined to grant bail to the accused petitioners. In the result, the bail petition filed on behalf of the accused petitioners under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI)J. PCG