// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3796/2009 {Bharat Singh and Another Vs. The State of Rajasthan} Date of Order ::: 27th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri R.S. Choudhary, Counsel for petitioners Shri Anees Bhurat, PP for the State Shri B.L. Bishnoi, 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 the petitioners that the petitioners are in judicial custody since 3rd July, 2009 and nothing is to be recovered or investigated from them; as per injury-report of injured Babulal, injuries No.1 and 2 were inflicted on leg i.e. non-vital part and other injuries were found to be simple in nature; another injured Manoharlal also sustained two injuries which are simple in nature, therefore, prima-facie, no offence under Section 307, IPC, is made out and, in the facts and circumstances of the case, the petitioners // 2 // may be granted indulgence of bail. Learned counsel for the complainant contended that even if, for the sake of argument, it is assumed that offence under Section 307, IPC, is not made out then Section 458 IPC is also there, therefore, bail application of the petitioners may be dismissed. However, the learned counsel for the complainant does not dispute that till date there is no opinion of Medical Officer in the case-diary that injuries sustained by Babulal were dangerous to life; the offence under Section 458 IPC is triable by a court of Magistrate and petitioners are in judicial custody. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, Cr.P.C. Hence, it is directed that accused- petitioners, namely, (1) Bharat Singh S/o Shri Gayad Singh and (2) Chaina Ram S/o Daya Ram, - Both R/o Riyan, Pipar City, District Jodhpur, (presently lodged at Central Jail, Jodhpur) be released on bail under Section 439 Cr.P.C., in F.I.R. No.150/2009, registered at Police Station // 3 // Pipar City, District Jodhpur, under Sections 307, 458 and 324/34, IPC, provided each of them furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) together with one surety of the like amount 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. The bail application stands disposed of. (NARENDRA KUMAR JAIN), J. //Jaiman//