1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Misc. Bail Application NO.3134/09 Avrar Singh @ Middha Vs. State of Rajasthan S.B.Criminal Misc.Bail Application No. 3329/09 Baljeet Singh alias Sonu Vs. State of Raj. Date of order :: 20th July, 2009 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr.M.K.Garg,for the petitioners. Mr.Ashok Prajapat,P.P. Mr. R.S. Chaudhary, for the complainant Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. These bail applications arise out of same FIR therefore, they are being disposed of by a common order. It is contended on behalf of the petitioners that investigation in the present matter is complete and challan has also been filed and both the petitioners are in judicial custody since 26.4.2009 and conclusion of the trial is likely to take some time therefore, the petitioners may be released on bail. Learned Public Prosecutor as well as learned counsel for the complainant opposed the bail application of the accused persons by reading medical opinion dated 25.4.2004 2 wherein injury sustained by injured Tekchand has been shown to be dangerous to life. Learned counsel for the petitioner contended that initially the case was registered under Seciton 452,323 and 34 IPC and even no reference of any injury was given in the police proceedings while registering the FIR. It is further contended that while giving X-ray opinion the doctor did not opined the said injury to be dangerous to life but only on asking again by Investigating Officer the medical officer wrote it on the letter of Investigating Officer itself about this injury as dangerous to life. He further contended that investigation in the matter is complete and police has interrogated the accused petitioners, they are already in judicial custody since 26.4.2009 therefore, they may be released on bail. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439 Cr.P.C. Hence, it is directed that accused-petitioner namely (1) Avatar Singh @ 3 Middha S/o Shri Balvindra Singh @ Malta (2) Baljeet Singh @ Sonu S/o Bhajan Singh, be released on bail under Section 439 Cr.P.C.,in FIR No.98/09 Police Station Sri Vijainagar District Sri Ganganagar, registered under Sections 307/34,326,324, 323, 452 IPC provided they furnish personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each together with one surety of the like amount each to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. A copy of this order be placed on record in connected bail application also. (NARENDRA KUMAR JAIN), J. ns.