IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 4813/2009 Manish Sain vs. State of Rajasthan Dated : 10.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. R.P. Vijay, for the petitioner. Mr. Amit Poonia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. R.P. Vijay Advocate on behalf of the applicant Manish Sain pertaining to F.I.R. No. 133/2009 at police station Gumanpura, Kota in the offences under Sections 147, 148, 149 and 307 of IPC. 2. Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that he has been in custody since 07.03.2009. Though the name of the petitioner figures in the FIR but the injured Abdul Matin and Chetan are not found to have any injury on the vital part of the body nor their injury have been found to be grievous in nature. No other criminal case is pending against him. The case is pending trial, which is likely to take time, as such, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail petition on the ground that Chetan sustained one injury on his abdomen which is vital part of the body, hence, the bail petition may be dismissed. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, it is noticed that no injury is found to have been caused on the vital part of Abdul Matin and Chetan. The petitioner has been in custody for the last five months and the trial is likely to take time, hence, I, without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the accused petitioner. 6. It is, therefore, ordered that the accused petitioner Manish Sain S/o. Danmal in F.I.R. No. 133/2009 at police station Gumanpura, Kota shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two solvent surety bonds each in the sum of Rs. 25,000/-, duly verified by Tehsildar, to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI),J. Mak/- 24