1 S.B.Cr.Misc. Bail Appli. No.3838/2007 (Bherji vs. State of Rajasthan) Date of order : September 05, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.P.R.Mehta, for the petitioner. Mr.Vishal Raj Mehta, P.P. for the State. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and the challan papers. It is contended by the learned counsel for the petitioner that FIR was lodged against unknown person and after lapse of number of days, petitioner has been named. It is further contended that injured Bhurjee has now been discharged from the hospital. Learned Public Prosecutor opposes the bail application. In para F. of the Grounds of the bail application, it has been stated by the learned counsel for the petitioner that a bare perusal of the injury report, no injury is said to be dangerous to life, the injuries are simple in nature. 2 I have gone through the statement of injured Bhurjee as also his injury report. The injury report clearly reveals that there is a fracture on parietal region i.e. injury No.1 and Doctor, who examined the injured opined that injury No.1 is grievous and dangerous to life. Injured Bhurjee in his statement has categorically stated that it was the petitioner Bherji, who inflicted the head injury. In the circumstances, therefore, it is not a fit case to release the petitioner on bail. The bail application filed by the petitioner under section 439 Cr.P.C. is, therefore, dismissed. However, it is open for the petitioner to move a fresh bail application after the statement of injured Bhurjee is recorded. (H.R.PANWAR),J. m.asif/-