1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Bail Application No. 7734/2010 Prem Singh & ors Vs State of Rajasthan through PP 19.8.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Harendra Singh - for the petitioners Mr Amit Poonia - Public Prosecutor Mr Satyapal Poshwal – for complainant BY THE COURT: Heard learned counsnel for the parties and perused the record of the case. Learned counsel for the petitioners wants to withdraw bail application of petitioner No.1-Prem Singh at this stage. In view of aforesaid, bail application of petitioner No.1-Prem Singh is dismissed as withdrawn. So far as petitioners No.2 and 3-Girdhari and Mahesh are concerned, learned counsel for the petitioners submits that they have been falsely implicated in the matter. There exists cross cases 2 where petitioner party also received injuries from fire arm. He submits that injured have not received fire arm injury. Looking to the aforesaid, petitioners No.2 and 3 may be granted bail. Learned Public Prosecutor as also learned counsel for complainant have opposed the bail application. It is submitted that so far as petitioners No.2 and 3 are concerned, allegations for causing fire arm injuries exist against Girdhari-petitioner No.2. Hence, he may not be granted bail. After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am not inclined to grant bail to petitioner No.2-Girdhari . Hence, his bail application is dismissed at this stage. However, petitioner No.2-Girdhari would be at liberty to file a fresh bail application on framing of charges. Looking to the facts and circumstances of the case, I am inclined to grant bail to the petitioner No.3-Mahesh. Accordingly, the bail application of petitioner No.3- Mahesh is accepted and it is directed that accused-petitioner namely; Mahesh may be enlarged on bail under section 439 CrPC 3 in FIR No. 65/2007 registered at Police Station – Gadhibajna, Bharatpur for offence under Section/s 147, 323, 307, 427, 428, 148 and 149 IPC provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (MN BHANDARI), J. bnsharma