IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6127/2009 Irfan & ors. vs. State of Rajasthan Dated : 18.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Sanjay Mehrishi with Mr. Tarun Jain, for the petitioners. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Sanjay Mehrishi Advocate on behalf of the applicants pertaining to F.I.R. No. 274/2009 at police station Mantown, District Sawai Madhopur, in the offence under Section 143, 341, 323 and 307 of IPC. 2. Heard the learned counsel for the petitioners and learned Public Prosecutor appearing for the State and perused the material on record. 3. Learned counsel for the petitioners has canvassed that they have been in custody for the last one month. The case is pending investigation which is likely to take time. So far as, the injuries are concerned, Iqramudeen is found to have sustained five injuries, out of which one injury on parietal region is alleged to have been caused by accused Mustaq. Basru has sustained one grievous injury on his left hand, rest of the injuries are simple in nature. He has further contended that during the fight Mustaq has also sustained one injury on his parietal region. There was fight between two parties and both the parties have lodged the FIR against each other, hence, the petitioners may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition on the ground that injured Iqramudeen sustained five injuries, Basru sustained five injuries and Babu khan sustained two injuries. Injury on parietal region of injured Iqramudeen is alleged to have been caused by Mustaq with blunt object, which is the vital part of the body, hence, the petitioners may be denied bail. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case but keeping in view the grievous injury of Iqramudeen sustained on parietal region, which is found to be caused by the accused Mustaq, do not feel inclined to grant bail to the petitioner Mustaq. But, so far as the other accused-petitioners are concerned, they are granted indulgence of bail. 6. In the result, the bail petition filed on behalf of the petitioner Mustaq S/o. Himayat Ali, by caste Gaddi resident of Dobala Kalan, police station Manwan, District Sawaimadhopur, under Section 439 of Cr.P.C. is dismissed at this stage. 7. So far as, other petitioners namely Irfan and Sharif are concerned, their bail petition is ordered to be allowed. 8. It is, therefore, ordered that the accused petitioners namely Irfan S/o. Himayat Ali; and Sharif S/o. Gani in F.I.R. No. 274/2009 at police station Mantown, District Sawai Madhopur shall be released on bail on furnishing a personal bond each in the sum of Rs.50,000/- together with two surety bonds each in the sum 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. Mak/- 34