CRLMB6007/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6007/2010 Narain Singh, Rakesh and Rajendra Singh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 19.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Sunil Kumar Sharma, Counsel for petitioners Shri G.S. Rathore, Public Prosecutor Shri Rajesh Moondia, Counsel for complainant #### By the Court:- Heard learned counsel for petitioners, learned Public Prosecutor as well as learned counsel for complainant and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioners is that the injuries that have been assigned to the petitioners and other co-accused are simple in nature; the only grievous injury sustained by Munnalal has been assigned to co- accused Mahaveer Singh, as is evident from his own statement; the petitioners were arrested on 08.06.2010; there is no previous case pending against the accused-petitioner Rakesh, whereas accused-petitioners Narain Singh and Rajendra Singh are said to be accused in a common case under Sections 179 and 323 of the IPC; there is one more case against accused-petitioner Narain Singh of the same offence. Petitioners are in jail for more than 40 days; challan has already been filed; trial of the case will take a long. Learned Public Prosecutor opposed the bail application. After considering all the facts and CRLMB6007/2010 // 2 // circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioners, namely, (1) Narain Singh Son of Mangilal Jat, (2) Rakesh Son of Ramnath Jat and (3) Rajendra Singh Son of Narain Singh on bail under Section 439 Cr.P.C., in FIR No.55/2010, Police Station Masuda, District Ajmer, under Sections 458, 307, 323 and 143, IPC, provided each of them furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- 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. However, in case the petitioners are again found indulging in similar or any other offence at any point of time in future, the bail granted to them by this court in the present case and in other two pending cases against them, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//