S.B.CR. MISC. BAIL APPLICATION NO.7941/2008 BASANT KUMAR VS. STATE OF RAJ. S.B.CR. MISC. BAIL APPLICATION NO. 7940/2008 SUBHASH SON OF SH. SUKHDEV VS. STATE OF RAJ. S.B.CR.MICS. BAIL. APPLICATION NO. 7939/2008 SUBHASH SON OF SH. PRABHUDAYAL VS. STATE OF RAJ. 23.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ali Mohd. Khan] Mr. Mahendra Goyal], for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State. These three bail petitions pertain to and arise out of one FIR No.44/2008 of Police Station Kotwali, District Sikar, they have been heard together and are being disposed of by this common order. All the accused petitioners are alleged to have been involved in the offences under Sections 147, 148, 323, 452, 307/149 of IPC. Heard the learned counsel for the accused petitioners, learned Public Prosecutor appearing for the State and perused the relevant material on record. Learned counsel for the petitioners have contended that they have been falsely implicated and are in no way connected with the offence of this case. It is the accused Manoj Khichad who is alleged to have stabbed the injured Mohsin. So far as the role of the petitioner is concerned, no injury has been attributed to them, as such, they may be granted bail. Learned counsel for the complainant has vehemently opposed the bail petition primarily on the ground that in the beginning at 3.00 pm on the date of occurrence the accused Manoj Khichad had scuffle with injured Mohsin. Thereafter, having raised an alarm, the accused Manoj Khichad -2- accompanied by the petitioners barged in travels office and at 4.00 pm Manoj Khichad, Subhash, Sandeep and Tarachand accompanied by 3 or 4 more boys armed with knives and cycle chains assaulted upon Mohsin. The accused Manoj Khichad is alleged to have stebbed Mohsin as a result of which he sustained a grievous injury which has been stated to be dangerous to life by the Doctor. The learned Public Prosecutor has also opposed the bail petition and while drawing my attention to the operation note of the injured Mohsin, he has submitted that the injury No.1 of Mohsin was dangerous to his life and he sustained a grievous injury in his left Kidney and colan. Having considered the submissions made at the bar and scanned the relevant material on record, without expressing any opinion on the merits of the case but looking to the facts and circumstances as also the gravity of the injuries and the manner in which the accused have assaulted and stepped Mohsin, I do not feel inclined to grant bail to the accused petitioners under Section 439 Cr.P.C. In the result, the bail petition filed on behalf of the accused petitioners under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI)J. PCG