SB Crlmb No.4343/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.4343/2010. Satyanarayan & Anr. Vs. State of Rajasthan Date of order : 26/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajendra Kumar Sharma 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 complainant in his first information report has assigned the head injury, which has been found to be grievous and dangerous to life to accused-Dinesh whereas, in his statement under Section 161 Cr.P.C., he has assigned this injury to petitioner No.1 Satyanarayan S/o Ramgopal. There is no direct allegation of causing this injury against petitioner No.2 Ramchandra, whose mere presence has been shown. Injured Satyanarayan S/o Dhannalal Meena has specifically assigned the aforesaid injury to petitioner No.1-Satyanarayan S/o Ramgopal. In the facts of the case therefore, I am not inclined to enlarge petitioner No.1 SB Crlmb No.4343/10. 2 Satyanarayan S/o Ramgopal on bail at this stage but at the same time, I am inclined to enlarge petitioner No.2-Ramchandra on bail. Learned Public Prosecutor has opposed the bail application of petitioner No.2 but is not in a position to controvert the aforesaid facts. In the result, this bail application under Section 439 Cr.P.C. of petitioner No.1 Satyanarayan S/o Ramgopal in FIR No.30/2010 PS Budhadeet, District Kota for offence u/Ss.143, 148, 149, 323 and 307 IPC is rejected at this stage. He would however be at liberty to apply for bail again before the Court of Sessions after the statement of injured-complainant Satyanarayan S/o Dhannalal Meena is recorded. Prosecution is directed to examine the complainant on priority basis. Bail application of petitioner No.2 Ramchandra however is allowed and it is directed that petitioner No.2-Ramchandra S/o Bherulal shall be released on bail in FIR No.30/2010 PS Budhadeet, District Kota for offence u/Ss.143, 148, 149, 323 and 307 IPC on his 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 his appearance before that court on all dates of hearing until conclusion of the trial. anil (MOHAMMAD RAFIQ), J.