1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Misc. Bail Application NO.3684/09 Babu Ram & Anr. Vs. State of Rajasthan Date of order :: 23rd July, 2009 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr.C.R. Jakhar, for the petitioners. Mr.Anil Joshi,P.P. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. Learned counsel for the petitioners submitted that there were seven injured persons from the side of accused party and FIR No.58/09 was registered against the complainant party, soon thereafter the complainant party registered the present FIR No.59/09 against the petitioners. It is further contended that both the parties sustained grievous injuries and they belong to one family and suit for partition in between both the parties is also pending. The petitioners are in judicial custody and nothing is to be recovered or investigated from them therefore, looking to the facts and circumstances of the case they may be released 2 on bail. The above facts have not been controverted by the learned counsel for the State. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439 Cr.P.C. Hence, it is directed that accused-petitioners namely (1)Baburam S/o Bhooraram (2)Lumbaram S/o Harjiram, be released on bail under Section 439 Cr.P.C.,in C.R.No. 59/09 Police Station Lohawat, registered under Sections 147,148, 341,323,447,379,326,307/149 IPC provided they furnish personal bond in the sum of Rs. 25,000/-(Rupees Twenty Five Thousand only) each together with one surety of the like amount each to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. (NARENDRA KUMAR JAIN), J. ns.