BailAppl 794/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Criminal Misc. Bail Application No.794/08 Mahesh & Ors. Versus State DATE OF ORDER : 05/02/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. S.K. Panwar, for accused-applicants Mr. R.P. Kuldeep, Public Prosecutor *** Heard learned counsel for the applicants as well as learned Public Prosecutor for the State and perused the material on record. A case has been registered against accused- applicants for offence u/ss.143, 451, 323, 326, & 324 IPC. It has been alleged in the written report of injured Devi Singh that they all collectively came with certain arms including sharp-edged weapons and injury has been inflicted upon him. But, it appears from the FIR and also of the fact which has been recorded by learned trial Judge in Para 5 of the order impugned that so far as accused Mahesh, Badan & Babu are concerned, against them there is a specific allegation. But so far as accused Prahlad S/o Ramoli is concerned, no specific allegation has been levelled against him. Taking note of material on record, this court consider it appropriate to allow the bail application of accused-applicant No.2 Prahlad S/o Ramoli and bail application of Mahesh [accused No.1], Badan [accused No.3] & Babu [accused No.4], stands rejected. BailAppl 794/08 [2] Without going into merits of the matter, this court is of the opinion that no purpose is going to be served in arresting the accused-applicant No.2 Prahlad S/o Ramoli. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits of the case, I allow the bail application of the applicant U/s 438 Cr.P.C. Therefore, the SHO/IO of Police Station Suroth, District Karauli is directed that in the event of arrest of the applicant Prahlad S/o Ramoli in FIR No.329/07, registered U/ss.143, 451, 323, 326, & 324 IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- to his satisfaction on the following conditions: (i) He shall make himself available for interrogation by Investigating Officer as and when requires; (ii) He shall not directly 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) He shall not leave India without the previous permission of the court. However, if applicant-accused Nos.1, 3 & 4 surrender before learned trial Judge, their bail application be simultaneously considered in accordance with law. [AJAY RASTOGI], J. FRBOHRA794Bail Application2008 5-2.doc