CRLMB (5th) 7/2010 Kunj Bihari Vs. State (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In S.B. Criminal Misc. Bail Application No.7/2010 Kunj Bihari Vs. State of Rajasthan Date Of Order :: 8th February, 2010 Hon'ble Mr. Justice M.N. Bhandari Mrs. Kamla Jain, for the petitioner. Mr. Amit Poonia, Public Prosecutor. .......... Heard learned counsel for the parties and perused the record of the case. It is stated that petitioner is behind the bars since 24/6/2008 and till today only one witness has been examined. Initially injury was not shown to be dangerous to life, however, taking x-ray after three months, injury was shown to be dangerous to life which was nothing but at the instance of the complainant party. Thus, looking to the aforesaid and the fact that statement of doctor has already been recorded and in his cross-examination it has been stated that exhibit-5 was prepared at his own thus it does not contain any reference of police for seeking opinion, the petitioner may be granted bail. On the other hand, learned Public Prosecutor has opposed the bail application. After considering the rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect the outcome of the trial, looking to the facts of this case, I am of the view that the petitioner deserves to be enlarged on bail. Accordingly, the bail application is CRLMB (5th) 7/2010 Kunj Bihari Vs. State (2) accepted and I consider it just and proper to release the accused-petitioner namely, Kunj Bihari on bail under section 439 Cr.P.C. in FIR No.193/2008 registered at Police Station- Bamanwas, District Sawai Madhopur for offence under sections 323, 324, 325 & 308/34 IPC provided he, furnishes a personal bond in the sum of Rs.20,000/- together with one surety in the like amount to the satisfaction of the learned trial court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (M.N. Bhandari),J. VS Shekhawat/- Jr. P.A. D58