1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Misc. Bail Application NO.3491/09 Raju @ Rajendra Kumar & Anr. Vs. State of Rajasthan Date of order :: 29th July, 2009 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr.Rakesh Arora, for the petitioner. 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 referred injury report of injured Leeladhar who sustained thirteen injuries but, all were found simple in nature except injuries No. 1,12 & 13 but, as per X-ray report, no bone injury was seen therefore, these injures were also found to be simple in nature, therefore, prima facie no offence under Sec. 307 IPC is made out, it is further contended that investigation in the present matter is complete and charge-sheet has been filed. The petitioners are in judicial custody since 28.5.2009 therefore, petitioners may be released on bail. 2 The above facts narrated by the learned counsel for the petitioners relating to X-ray report have not been disputed by the learned Public Prosecutor on the basis of case diary. 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) Raju @ Rajendra Kumar S/o Shri Sahabram (2)Mohan Lal S/o Shri Dharmpal, be released on bail under Section 439 Cr.P.C.,in FIR No.147/09 Police Station Tibbi, registered under Sections 307,341 & 323/34 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. The bail application stands allowed. (NARENDRA KUMAR JAIN), J. ns.