S.B.CR. MISC. BAIL APPLICATION NO.7408/2008 RADHEYSHYAM VS. STATE OF RAJ. 21.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. JS Chauhan for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed by Shri JS Chauhan, Advocate on behalf of the applicant Radheyshyam pertaining to F.I.R. No. 139/2008 of Police Station Kishanganj, District Baran in the offences under Sections 307, 341, 323 and 34 of IPC. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. The learned counsel for the petitioner- Radheyshyam has contended that Gajraj Singh is found to have been sustained only three injuries and only injury Nos.1 & 2 have been found to be grievous. So far as the injury No.3 is concerned, it has been found to be simple after radiological examination. The learned counsel for the petitioner has submitted that this is the injury No.3rd which is alleged to have been caused by the petitioner. He has further submitted that injury No.1 & 2 which have been opined to be dangerous to life by the medical jurist have been caused by the accused persons Ramesh and Prakash. Hence, the petitioner may be released on bail. The learned Public Prosecutor has opposed the bail petition on the ground that since the petition had common intention with the rest of the accused persons, his case is also equally grave in nature, hence, his bail petition may be dismissed. Having considered the submissions made at the bar and perused the relevant material -2- available including the injury and X-ray reports of the injured Gajraj Singh, I without expressing any opinion on the merits of the case, do feel inclined to grant bail to the accused petitioner- Radheyshyam under Section 439 Cr.P.C. It is, therefore, ordered that the accused petitioner Radheyshyam S/o Shri Badrilal, in FIR No.139/2008, Police Station Kishanganj, District Baran shall be released on bail on furnishing a personal bond 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 he 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