1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7030/2010 Siyaram & Ors. Vs. State Date of order : 5/8/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sudarshan Laddha for the petitioners. Shri G.S. Rathore, P.P. for the State. ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioners is that so far accused petitioners Siyaram, Gopal and Pradhan are concerned, there is no allegation of causing any grievous injury against them on the person of injured Radhey Shyam. Challan is likely to be filed and investigation is complete. The offence u/s.308 of IPC has been wrongly added. Petitioners are in jail since 12.7.2010. There is no previous case against the petitioners. Trial of the case is likely to take long. Learned Public Prosecutor has opposed the bail application and submitted that injury no.1, 3 and 4 resulted into multiple fractures of Radhey Shyam were attributed to accused petitioners Chothmal and Madan Lal and challan is yet to be filed, therefore, they should not be enlarged on bail. 2 Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioners Siyaram, Gopal and Pradhan on bail. However, no case is made out for enlarging the accused petitioners Chothmal and Madanlal on bail and their bail application is rejected. However, they would be at liberty to file fresh bail application before the Court below soon after the challan is filed. In the result, this bail application u/S.439 Cr.P.C. is partly allowed and it is directed that petitioners (1) Siyaram S/o Hajari Lal, (2) Gopal S/o Lakhaji and (3) Pradhan S/o Lakhaji shall be released on bail in F.I.R. No.138/2010, P.S. Itawa, Distt. Kota, Rural for offence u/s. 143, 323, 341 and 308 of IPC on each of them furnishes a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/