// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3551/2009 {Bhanwar Lal Versus State of Rajasthan} Date of Order ::: 20th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri R.K. Bishnoi, counsel for the petitioner Shri Mahipal Bishnoi, PP for the State of Rajasthan #### By the Court: Heard learned counsel for the petitioner(s) as well as learned Public Prosecutor and perused the relevant material made available to me during the arguments of the case. It is contended on behalf of the petitioner that as per statement of injured Jagdish Prasad, who sustained grievous injury which is said to have been dangerous to life, the grievous injury was inflicted by one Satya Narayan, whereas allegation against the present petitioner is that he inflicted injury by laathi blow. It is very surprising that police has not filed any challan against the co-accused Satya Narayan on the basis of one certificate // 2 // that he was present on duty during the period from 1st June to 6th June, 2009, whereas the present incident took place on 2nd June, 2009. It is further contended that names of both, the accused petitioner as well as Satya Narayan were mentioned in First Information Report in addition to statement of injured recorded under Section 161 Cr.P.C.; the petitioner also lodged FIR No. 50/2009 on 2nd June, 2009 much prior to the present report no. 52/2009 against the petitioner; the investigation in the matter is complete and challan has been filed; the petitioner is in judicial custody and nothing is to be recovered or investigated from him now, therefore, looking to all the facts and circumstances of the case, he 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 Bhanwar Lal S/o Shri Sua Lal be released on bail under Section 439 Cr.P.C., in F.I.R. No. 52/2009, Police Station Anandpur Kalu, District Pali registered under Section(s) // 3 // 323, 341, 325 and 307 IPC, provided he furnishes a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) together with one surety of the like amount to the satisfaction of the trial court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (NARENDRA KUMAR JAIN), J. //DK//