1 32 S.B.CRIMINAL MISC. BAIL APPLICATION NO.5782/2009 Umaro Khan Vs. The State of Rajasthan DATE OF ORDER : 14th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.A.K.Singh,for the petitioner. Mr.Mahipal Bishnoi,Public Prosecutor for State. .... BY THE COURT The petitioner is accused of offences under Sections 147, 148, 149, 352, 323, 326, 324 and 307 IPC with the accusations, inter alia, of having inflicted injury on the head of the injured lady Diltaj Bano with a Kulhari; and has moved the application for bail under Section 439 Cr.P.C. The learned counsel for the petitioner argues that it had been the dispute between the neighbours; and the co-accused persons, except Sabbir Khan, have been enlarged on bail by different orders. The learned counsel for the petitioner submits that so far the accusations against the petitioner are concerned, though there had been alleged to be one injury on the head of the injured but then, she remained hospitalised for four days and was discharged; that there is no specific report available on record that the injury was dangerous to life and rather, the C.T. Scan Report, though not of evidentiary value for having not 2 been obtained from the authorised government hospital, does not indicate any bony injury; and that the petitioner, being in custody for over 2½ months, deserve to be granted of bail. The matter being at the initial stage, this Court would not be making any comments on the merits of the case but looking to the nature of accusation where the petitioner is said to have inflicted the blow on the head of the injured lady allegedly with a sharp weapon, at this stage of the proceedings, this Court does not feel inclined to enlarge him on bail. Accordingly, the bail application moved on behalf of the petitioner Umaro Khan s/o Meera Khan under Section 439 Cr.P.C. stands rejected at this stage. (DINESH MAHESHWARI),J. s.soni