1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.III BAIL APPLI NO.6660/2010 Bane Singh Vs. State Date of order : 19/7/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Shailesh Kumar Panwar for the petitioner. Shri Amit Punia, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that there is no allegation against petitioner of causing any injury on the person of deceased Balmukand. Only allegation against him which has come at subsequent stage at the time of lodging of FIR by Ratanlal that he inflicted injury on the right hand of Dulichand, whereas Dulichand in his statement has assigned such injury to Phool Singh by use of sword. He has assigned two other injuries by use of sword to Sheodan Singh and petitioner. Obviously, the case has been improved upon by complainant Ratanlal when he lodged the FIR, whereas Ratanlal himself was not an eye witness. It is further contended that Dulichand in his court statement recorded after rejection of the first bail application has assigned the two grievous injuries sustained by him to present 2 petitioner and Baje Singh @ Vijay Singh. Co- accused Baje Singh @ Vijay Singh has already been enlarged on bail by this Court in S.B. Cr. Misc. Bail Appl. No.3714/2010 vide order dated 18.5.2010. Petitioner is in jail since 12.6.2009. Trial of the case is likely to take long. Learned Public Prosecutor has opposed the bail application. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Bane Singh S/o Kalu Singh shall be released on bail in F.I.R. No.105/09, P.S. Pirawa, Distt. Jhalawar for offence u/s.147, 148, 341, 324, 324/149, 326 and 326/149, 302 and 302/149 of IPC and u/s. 4/25 of the Arms Act on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/