1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR 1.S.B.Cr. Misc. Bail Application NO.3452/09 Pappu @ Om Prakash Vs. State of Rajasthan 2.S.B.Cr.Misc. Bail Application No. 3453/09 Mukesh Vs. State of Rajasthan Date of order :: 27th July, 2009 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr.Kulwant Singh, for the petitioners. Mr.Ashok Prajapat,P.P. Both these bail applications arise out of FIR NO. 118/09 Police Station Sadulshahar District Sri Ganganagar, therefore, they were heard together and are being disposed of by this common order. 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. It is contended on behalf of the petitioners that so far as accused petitioner Pappu @ Om Prakash is concerned, as per medical report of injured Krishna, which is available in the case diary, the injuries found to be grievous by sharp edged weapon therefore, he does not press this bail application under Sec. 438 Cr.P.C. hence, his 2 bail application NO. 3452/09 is dismissed as not pressed. So far as petitioner Mukesh is concerned, it is contended that the learned Sessions Judge, Sri Ganganagar vide its order dated 30.5.2009 has granted bail to similarly situated person Vijay Kumar and vide order dated 12.6.2009 has granted anticipatory bail to another co-accused Mahendra Kumar, against whom similar allegations like the petitioner was there whereas, the bail application of the present petitioner has wrongly been dismissed by the learned Sessions Judge,on the ground that recovery of lathi is to be made from him. Learned Public Prosecutor opposes the bail application but could not distinguish the case of petitioner with the case of Mahendra Kumar and Vijay Kumar. According to FIR itself, it is clear that presence of both the persons were established and they also inflicted injuries by lathi but, injuries were found to be simple. In these circumstances, it appears that case of the petitioner is similar with the case of co-accused persons Vijay Kumar and Mahendra Kumar, who have been granted anticipatory bail by the learned Sessions Judge. In these circumstances, I am 3 of the view that petitioner Mukesh is entitled for grant of bail under Sec. 438 Cr.P.C. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, I allow this bail application No. 3453/09 under Section 438 Cr.P.C. Therefore, the S.H.O./I.O. Of the Police Station Sadulshahar District Sri Ganganagar is directed that in the event of arrest of the petitioner Mukesh S/o Daulat Ram in FIR No.118/09,P.S. Sadulshahar District Sri Ganganagar registered under sections 307,323,341,504 and 143 IPC he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with one surety of the like amount to his satisfaction on the following conditions:- (1)He shall make himself available for interrogation by Investigating Officer as and when required; (2)He 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; (3)He shall not leave India without the previous permission of the Court. 4 A copy of this order be placed in connected file. (NARENDRA KUMAR JAIN), J. ns.