1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.3245/2010 Arjun Lal & Anr. Vs. State Date of order : 13/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Harendra Singh for the petitioners. Shri Amit Punia, P.P. for the State. ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. Learned counsel for the petitioners has argued that the dispute arose about the drainage line passing through the road in front of the houses of the parties. Accused Heera Lal went to intervene in the matter and in that process, heated arguments took place between parties followed by incident of maar peet. There are three injured persons on the side of the accused- petitioners for which also cross FIR was filed. There were only three injured persons on the side of the complainant, of which only one Mohini Devi has sustained a grievance injury, which has been attributed to co-accused Arjun Lal by another injured person and not by Mohini Devi herself. Accused petitioners are in jail for almost two months. Learned Public Prosecutor has opposed the bail application and submitted 2 that the grievous injury sustained by Mohini Devi has been attributed to Arjun Lal by injured Santosh. However, Mohini Devi could not specify as to who caused the injury, but then it is submitted that the investigation in the matter is almost complete, however, challan could not be filed because some of the accused are absconding. Without expressing any opinion on the merits of this case but considering the aforesaid submission and the facts that the grievous injury caused by Mohini Devi has not been attributed to Heera Lal but to accused Arjun Lal, I deem it appropriate to enlarge the petitioner Heera Lal on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Heera Lal S/o Bhanwar Lal shall be released on bail in F.I.R. No.23/2010 P.S. Renwal, Distt., Jaipur on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. However, no case is made out for enlarging accused Arjun Lal on bail. The bail application of Arjun Lal S/o Bhanwar Lal is dismissed. RS (MOHAMMAD RAFIQ), J.