1 S.B.Cr.Misc. II Bail App. No. 1748/2008 (Laxman Singh & Anr. Vs. State of Rajasthan) Date of order : 24/04/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Vijay Purohit for the petitioners. Mr. S.K.Vyas Public Prosecutor. This is second bail application. Heard learned counsel for the petitioners and the Public Prosecutor for the State. Perused the order impugned and challan papers. Learned counsel for the petitioners submits that earlier bail application was dismissed as not pressed on 8.2.2008 as at that time the matter was under investigation for the offence under Section 307 IPC apart from other offences. Learned counsel submits that now the investigation has been completed and police did not find case against the petitioners for the offence under Section 307 IPC and filed the challan for the offences under Sections 147, 148, 452, 427, 323, 325 and 397/149 IPC and nothing has been recovered from the petitioners or the other co-accused. Thus, according to learned counsel for the petitioners, the offence under Section 307 IPC has not been found by the police after investigation. Learned counsel further submits that the injury suffered by injured is on surface of Patella bone by blunt object and therefore, the offence would not traverse beyond Section 325 IPC even if it is established. 2 Looking to the facts and circumstances of the case and the fact that the police did not find case against the petitioners for the offence under Section 307 IPC and instead filed challan for the offence under Section 325 IPC, I think it just and proper to enlarge the accused petitioners on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioners Laxman Singh S/o Bahadur Singh and Laxman Singh S/o Nahar Singh be released on bail in FIR No. 215/07 P.S. Gogunda, district Udaipur, provided each of them 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 their 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