1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER SB Cr Misc Bail Application No. 4764/2010 Radhey Shyam & others Vs State of Rajasthan 28.7.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr HC Ganeshia - for the petitioner Mr Laxman Meena - Public Prosecutor Mr Satyapal Poshwal – for complainant BY THE COURT: Learned counsel for the petitioner wants to withdraw this bail application of petitioners No.1, 3 and 5-Radhey Shyam, Vrajendra and Ramavtar with liberty to surrender before the court below with a direction to the court below to decide the bail application of aforesaid petitioners on the same day. In view of aforesaid, the bail application of petitioners No.1, 3 and 5 is dismissed as withdrawn. However, petitioners No.1,3 and 5 may surrender before the court below and if, on surrender, they file an application for bail then the court below may consider and decide the same expeditiously and, if possible, on the same day. 2 So far as case of the petitioners No.2 and 4 is concerned, it is submitted that they have falsely been implicated in the matter more so when there is a cross case against the complainant party. Petitioners side also received injuries. Looking to the aforesaid, petitioners No.2 and 4 may be granted bail. On the other hand, learned Public Prosecutor has opposed the bail application. After taking into consideration rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect the outcome of the trial, but looking to the facts of this case, I allow bail application of petitioners No.2 and 4 under section 438 CrPC. Therefore, the SHO/IO of the Police Station – Bayana, Bharatpur is directed that in the event of arrest of the petitioner/s Keshav son of Babu Singh and Lakhan son of Varkhandi in FIR No. 323/2009 registered for offence under Section/s 143, 323, 341, 354, 147, 148, 149, 324, 325, 326 and 307 IPC, he shall enlarge them on bail provided each of them furnishes a personal bond in the sum of Rs.25,000/- with one surety each in the like amount to his satisfaction on the following conditions:- 3 (i)They shall make themselves available for interrogation by Investigating Officer as and when required; (ii)They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; (iii)They shall not leave India without previous permission of the Court. (iv)They shall not commit same and similar offence during the period of bail. (MN Bhandari), J. bnsharma