// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.2975/2009 {Govind, Vinod and Vijendra Vs. State of Rajasthan} Date of Order ::: 24th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri S.D. Goswami, Counsel for petitioners Shri Ashok Prajapat, PP for the State Shri R.S. Choudhary, Counsel for complainant #### By the Court: Heard learned counsel for petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. It is contended on behalf of petitioners that initially the FIR was registered under Sections 323, 341 and 143 IPC; thereafter, on the basis of CT scan report of injured Amar Singh, the offence under Section 307 IPC was added, but, subsequently, on the request of the accused-persons, a Medical Board was constituted and, as per its report, no bony injury was found, meaning thereby the injuries were prescribed as simple, therefore, the petitioners are entitled for bail under Section 438 Cr.P.C. Learned Public Prosecutor as well as learned counsel for complainant oppose the bail // 2 // application by referring the CT scan report and the statements of injured persons, namely, Amar Singh and Vinod. However, on reading of the statements of injured persons, namely, Amar Singh and Vinod, it is clear that they admit therein that there is no allegation against accused Vinod S/o Om Prakash and Vijendra @ Vijay Kumar S/o Sispal, having caused any injury on the person of injured persons, namely, Amar Singh and Vinod. The allegation against accused-petitioner No.1 Govind is that he inflicted a 'lathi' blow on the head of Vinod and the said injury was found to be grievous. In these circumstances, I am not inclined to grant anticipatory bail to petitioner No.1 Govind S/o Sispal, hence his bail application under Section 438 Cr.P.C. Is dismissed. 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 the bail application of accused- petitioner No.2 Vinod S/o Shri Om Prakash, R/o Ramgarh, Tehsil Nohar, District Hanumangarh, and accused-petitioner No.3 Vijendra @ Vijay Kumar S/o Shri Sispal, R/o Bhojasar, Tehsil Bhadra, District Hanumangarh, under Section 438 Cr.P.C. Therefore, the S.H.O./I.O. of the Police // 3 // Station Bhadra is directed that in the event of arrest of the petitioners No.2 and 3, namely, Vinod S/o Shri Om Prakash and Vijendra @ Vijay Kumar S/o Shri Sispal, in FIR No.86/2009 registered under Sections 341, 323, 143 and 307, IPC, he shall enlarge them on bail, provided each of them 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:- (i) They shall make themselves available for interrogation by Investigating Officer as and when required; (ii)They 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; (iii)They shall not leave India without the previous permission of the Court. The bail application is partly allowed, as indicated above. (NARENDRA KUMAR JAIN), J. //Jaiman//