1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6668/2009 Sanjay & ors. vs. State of Rajasthan Dated : 08.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Vijay Yadav, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. Mr. Anil Yadav, for the complainant. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Vijay Yadav Advocate on behalf of the applicants pertaining to F.I.R. No. 450/2009 at police station Behrod, District Alwar, in the offences under Sections 143, 323, 452, 379 and 308 of IPC. 2. Heard learned counsel for the petitioners, learned counsel for the complainant as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioners has canvassed that injuries sustained by Ram Singh, Naresh and Sunita have been found to be simple in nature. There is no grievous injury on any part of the body of the injured persons. Petitioner No.1 Sanjay is deaf and dumb by birth, petitioner No.2 Rajiv @ Dholia is a driver and petitioner No.3 Sriram is an ex- service man of the age of 75 years. They have been in custody for quite a long time. The case is still pending investigation, which is likely to take time, hence, they may be granted indulgence of bail. 4. Learned Public Prosecutor as also learned counsel for the complainant have opposed 2 the bail petition on the ground that the injured Ram Singh is found to have sustained 12 injuries in all, on his person. Out of these injuries, two injuries have been found on the parieto- occipital region, which on C.T. Scan, have been found to be grievous and dangerous to life. The injuries caused on the skull of injured Ram Singh has been attributed to the petitioner No.1 Sanjay and petitioner No.2 Rajiv, hence, their bail petition may be dismissed. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, it is noticed that injuries caused on the parieto-occipital region of Ram Singh have been ascribed to petitioners namely Sanjay and Rajiv. These injuries have been found to be dangerous to life. Hence, I, without expressing any opinion on the merits of the case but keeping in view the gravity of the injuries, do not feel inclined to grant indulgence of bail to the accused petitioners namely Sanjay and Rajiv, and their bail petition deserves to be dismissed. 6. In the result, the bail petition filed on behalf of the petitioners namely Sanjay and Rajiv under Section 439 of Cr.P.C. is dismissed. 7. So far as, the petitioner No.3 Sriram is concerned, the injuries sustained on parieto- occipital region of Ram Singh has not been ascribed to him, hence, I, keeping in view his age and the role played by him, deem it just and proper to grant bail to the petitioner No.3 Sriram. 8. It is, therefore, ordered that the accused petitioner No.3 Sriram S/o. Jhutharam in F.I.R. No. 450/2009 at police station Behrod, District Alwar shall be released on 3 bail on furnishing a personal bond in the sum of Rs.30,000/- together with two surety bonds each in the sum of Rs. 15,000/-, to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI),J. Mak/- 12