1 S.B.Cr.Misc. Bail App. No. 298/2008 (Surendra Singh & Ors. Vs. State of Rajasthan) Date of order : 11/02/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Dhirendra Singh for the petitioners. Mr. Narendra Moolchandani Public Prosecutor. Heard learned counsel for the petitioners and the Public Prosecutor for the State. Perused the order impugned and the police investigation diary. It is contended by learned counsel for the petitioners that the injuries have been caused by Ravindra Singh, Gajendra Singh. On perusal of the statement of injured Dariyabsingh who suffered numerous injuries including the removal of spleen by operation and found to be dangerous to life, there is specific role assigned to Ravindra Singh, Gajendra Singh, Surendra Singh and Parbatsingh, however, so far as petitioner No.3 Gajendra Singh resident of Mandpuria is concerned, the injured himself stated that he is not sure whether the other Gajendra Singh was there or not, but he was very specific that Parbatsingh, Surendra Singh and Gajendra of Jhalamand and Ravindra Singh Ranawat who caused injuries to him. In the circumstances, therefore, in my view, it is not a fit case to release the petitioner No.1 Surendra Singh and petitioner No.2 Parbat Singh on bail. The bail application filed by petitioners No.1 Surendra Singh and petitioner No.2 Parbat Singh is dismissed. 2 However, having regard to the facts and circumstances of the case and keeping in view the statement of the injured himself that Gajendra of Jhalamand was amongst the assailants but he is not sure that the other Gajendra Singh was there or not and having considered the oral arguments advanced by both the parties, I think it just and proper to enlarge the accused petitioner No.3 Gajendra Singh on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. filed by petitioner No.3 Gajendra Singh is allowed and it is directed that petitioner Gajendra Singh S/o Sumer Singh be released on bail in FIR No. 592/2007 P.S. Udaimandir, Jodhpur provided he executes a personal bond for a sum of Rs. 20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR), J. RP