1 of 2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT J O D H P U R ::: ORDER In S.B. Cr. Misc. Bail Application No.3379/2009 Kamlesh Kumar and anr v. State of Rajasthan ::: Date of Order: 22nd July, 2009 ::: P R E S E N T HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Mr B.M. Bhojak, for the petitioners Mr Mahipal Bishnoi, Public Prosecutor for the State Mr Sanjay Gupta, for the complainant ::: By the Court: Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the relevant material/case diary made available to me during the arguments of the case. Learned counsel for the petitioners contended that the petitioners are in judicial custody since 15th May, 2009 and nothing is to be recovered or investigated from them. The investigation is complete and challan has also been filed in this case. It is further contended that the offence under sec.307, IPC has been added for the injury sustained by the injured Mahendra Kumar, the FIR was registered by the eye-witness, the allegation of this injury was against one Ramesh whereas as per statement of injured Mahendra Kumar, said injury is inflicted by accused Kamlesh Kumar, therefore, there is contradiction about author of this injury. 2 of 2 It is further contended that the accused persons also lodged cross FIR (No.84/09) immediately and accused Ramesh also sustained injuries, therefore, being cross cases registered by both the parties against each other and both the parties having sustained injury in the present matter, the accused petitioners may be released on bail. The bail application is opposed by learned Public Prosecutor as well as learned counsel for the complainant. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I think it just and proper to release the accused-petitioners, namely, 1] Kamlesh Kumar s/o Babu Lal, 2] Santosh Kumar s/o Babu Lal, presently confined in Central Jail, Jodhpur on bail under Section 439 Cr.P.C., in F.I.R. No.83/2009, Police Station- Siwana, District- Barmer, registered under Secs.307, 379, 323, 147, IPC, provided each of them furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) together with one surety of the like amount 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. This bail application is allowed accordingly. (NARENDRA KUMAR JAIN), J. mma