1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No.6696/2009 Lala Ram vs. State of Rajasthan Dated of Order :: 07.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Sanjay Gangwar, Counsel for the petitioner Mr. Amit Poonia, Public Prosecutor for the State. Mr. Kamlesh Pareek, counsel for the complainant This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Sanjay Gangwar, Advocate on behalf of the petitioner Lala Ram pertaining to F.I.R. No. 200/2009 of police station Phagi, District Jaipur registered for the offence under Sections 143, 341, 323 of IPC. 2. Heard the learned counsel for the petitioner, learned counsel for the complainant as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that the no specific overt act has been attributed to the petitioner; the petitioner is not alleged to have armed with any weapon; he is said to have been empty handed and given a beating with 2 the legs and fists. The main accused in this case is Kalu Ram, who has already been enlarged on bail by the learned Sessions Judge. The case of the petitioner is similar to that of accused Kalu Ram, as such he may be granted indulgence of bail. 4. Learned Public Prosecutor as also the learned counsel for the complainant, both, vehemently opposed the bail application on the ground that the petitioner is found to have given beating to injured Bajrang Lal Sharma with fists and legs on the abdomen, as a result of which he sustained the grievous injury there. The injured Bajrang Lal Sharma sustained two injures: one on the abdomen just above Umbilical; and another a bruise. The injury no. 1 on abdomen has been found, on the basis of operation notes, to be grievous and dangerous to life. So far as bail granted to Kalu Ram is concerned, the learned counsel for the complainant submits that the petition with regard to cancellation of bail under Section 439(2) Cr.P.C. has already been filed. In view of this position, the bail application may be dismissed. 5. Having considered the submissions made at the bar and perused the relevant material available on record, it is noticed that after giving general anesthesia to Bajrang Lal Sharma, his abdomen was opened and injury on the 3 spleen was found. This injury has been described to be dangerous to life by medical jurist. I, without expressing any opinion on the merits of the case, but keeping in view the nature of injuries caused to the injured Bajrang Lal Sharma, do not feel inclined to grant bail to the petitioner and his bail application deserves to be dismissed. 6. In the result, the bail application filed by the petitioner Lala Ram under Section 439 Cr.P.C. stands dismissed accordingly. (MAHESH BHAGWATI), J. DK/-