CRLMB4241/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4241/2010 Mahesh Son of Arjun Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 05.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Ashvin Garg, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Learned counsel for petitioner has argued that learned court below has incorrectly stated in the bail rejection order that the injuries sustained by the deceased have been attributed to the present accused-petitioner i.e. Mahesh, and such observation was made only because another co- accused Mohar Singh, who is principal accused, was co-applicant in the bail application filed before the court below. The learned counsel submitted that main allegation of causing fatal injuries on the person of deceased Kanhaiya is against co-accused Mohar Singh and that another allegation of causing injuries to the informant Jai Singh was against co- accused Raghuveer. The petitioner has been simply named as accused with general allegations and no specific injury has been attributed to him. The other three injured sustained only simple injuries. The petitioner was arrested on 16.11.2009; challan has already been filed. At the instance of accused-party a cross-case under Sections 323 and 341 IPC was also registered CRLMB4241/2010 // 2 // against the complainant-party and therein wife of co-accused Mohar Singh sustained six injuries. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Mahesh Son of Arjun on bail under Section 439 Cr.P.C., in FIR No.188/2009, Police Station Mandrayal, District Karoli, for offence under Sections 302/34, 323, 341 IPC, provided he 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 his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//