IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Criminal Misc. 4th Bail Application No.1366/2010 Banshi lal vs. State of Rajasthan Dated : 10.02.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. V.S. Badhwar, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of fourth bail application filed under Section 439 of Cr.P.C. by Mr. V.S. Badhwar Advocate on behalf of the applicant Banshi lal pertaining to F.I.R. No. 172/2009 of Police Station Dei, District Bundi, in the offences under Sections 147, 323 and 307 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the complainant party and the petitioner are in relation to each other and belong to one family. He has further contended that none of the injuries is found to have been caused on the vital part of the body. Albeit, fractures caused on 8th, 9th and 10th ribs, have been ascribed to the petitioner but they have not been found to be dangerous to life. Learned counsel took me through the cross-examination of PW-2 Dr. P.C. Meena and contended that he has categorically stated that none of injuries in injury report Ex.P/1 to Ex.P/8 is sufficient to cause death of the injured in ordinary course of nature. The petitioner has been in custody since 27.11.2008 and till date only two witnesses have been examined by the learned trial court. The trial of the case is likely to take time. Rest of the other accused persons have already been released on bail long back, hence, in view of these circumstances, the petitioner may also be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application and has contended that the injuries on the chest of Morpal have been attributed to the petitioner which are fractures of 8th, 9th and 10th ribs, hence, his bail petition may not be considered. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, it is noticed that as per the statements of PW-2 Dr. P.C. Meena none of the injuries caused to the injured persons are found to have been dangerous to life. The petitioner has been in custody for more than one year and the trial of the case is likely to take time, hence, in view of the changed facts situation, I deem just and proper to grant indulgence of bail to the petitioner and thus, the fourth bail application of the petitioner deserves to be allowed. 6. It is, therefore, ordered that the accused petitioner Banshi lal S/o. Shri Kanha in F.I.R. No. 172/2009 of Police Station Dei, District Bundi, shall be released on bail on furnishing a personal bond of Rs.50,000/- together with three surety bonds each in the sum of Rs. 25,000/- 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/- 10