1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Third Bail Application No. 2751/2010 Vinod Vs State of Rajasthan through PP 13.5.2010 HON'BLE MR JUSTICE MN BHANDARI Ms Arti Sharma - for the petitioner Mr Sanjeev Mehla, PP – for the State Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that subsequent to dismissal of second bail application, statement of Dr Nandlal Disania has been recorded. Looking to the nature of injury and the fact that petitioner is behind bars for last two years more so when sharp weapon alleged to have been used by him has not been recovered and only 'lathi' has been recovered from other accused, petitioner may be enlarged on bail. There exist one injury on the head and has been attributed to two accused which is nothing but over implication. Hence, petitioner may be granted 2 bail. On the other hand, learned Public Prosecutor has opposed the bail application. After considering the rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that petitioner deserves to be enlarged on bail. Accordingly, the bail application is accepted and it is directed that petitioner namely, Vinod may be released on bail under Section 439 CrPC in FIR No. 154/2008 registered at Police Station – Bansoor, District – Alwar for offence under Section 302, 323, 34 IPC provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one local surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (MN BHANDARI), J. bnsharma