// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3698/2009 {Sukha Vs. State of Rajasthan} Date of Order ::: 28th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Parikshit Nayak, Counsel for petitioner Shri Anees Bhurat, PP for the State #### By the Court: Learned counsel for petitioner contended that the petitioner is in judicial custody, therefore, he may be released on bail. Learned Public Prosecutor opposed the bail application by referring the medical report and the statement of injured Kailash; in his statement injured Kailash has specifically stated that after operation his leg was amputated; therefore, looking to the gravity of offence the bail application of the petitioner should be rejected. I have considered the submissions of learned counsel for the parties. Looking to the nature of injury sustained by injured, particularly that his leg was amputated, I am not inclined to allow this application for bail // 2 // under section 439 Cr.P.C., and the same is dismissed at this stage. However, it will be open for the petitioner to move a fresh bail application after recording the statement of injured Kailash. The trial court is directed to record the statement of injured Kailash on priority basis. (NARENDRA KUMAR JAIN), J. //Jaiman//