S.B.CR. MISC. IIND BAIL APPLICATION NO.8028/2008 RA/M KALYAN AND ORS. VS. STATE OF RAJ. 21.11.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Rohan Jain, for the petitioners. Mr. Shyam Arya, Public Prosecutor for the State. This order governs the disposal of second bail application filed by Shri Rohan Jain, Advocate on behalf of the applicants pertaining to F.I.R. No. 209/2008 of Police Station Khanpur, District Jhalawar in the offences under Sections 147, 148, 307, 452, 384 and 149 of IPC. Heard the learned counsel for the accused petitioners, learned Government Advocate appearing for the State and perused the relevant papers on record. Learned counsel for the accused petitioners has contended that on completion of investigation the police report under Section 173 (2) of Cr.P.C. has been filed by the concerned Police Station against all the five accused petitioners in the Court. A perusal of the First Information Report reveals that the injured Ram Kumar was allegedly assaulted with an axe by the accused Nathu Lal, but no challan has been filed against him. The accused Ram Kalyan is alleged to have caused injury on Jeetmal who intercepted the scuffle but the Jeetmal is found to have sustained no injury. The accused petitioners have been in custody for the last three months and the challan has been filed, a trial of which is likely to take time, hence, all the accused petitioners may be released on bail. The learned Government Advocate has opposed the bail petition for name's sake. Having reflected over the submissions advanced by both the parties and scanned the -2- relevant material, it is noticed that the injured Ram Kumar sustained six injuries in all out of which injuries No.1 and 2 are found to have been on the frontal and fronto parital region. These injuries are said to have been caused by blunt object. None of the injuries has been designated to be dangerous to life by the Doctor. Albeit, the injured Ram Kumar has sustained two lacerated wounds on frontal and fronto parital region, but since the trial of the case is likely to take time, I, without expressing any opinion on the merits of the case but keeping in view the facts and circumstances as also the nature of the injuries, feel inclined to grant indulgence of bail to all the five petitioners. It is, therefore, ordered that the accused petitioners namely Ram Kalyan S/o Shri Kishore, Birdhi Lal S/o Shri Kishore, Girraj S/o Shri Ram Kalyan, Hansraj S/o Shri Jagannath and Raju @ Rajendra S/o Shri Nathu Ji in FIR No.209/2008, Police Station Khanpur District Jhalawar, shall be released on bail on furnishing their personal bond each in the sum of Rs.50,000/- (Rs.Fifty Thousand) together with two surety bonds each of Rs.25,000/- to the satisfaction of the learned trial Court with the stipulation that they 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. PCG