SB Crlmb No.4474/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.4474/2010. Ramavtar & Ors. Vs. State of Rajasthan Date of order : 25/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Harendra Singh Sinsinwar for petitioners. Shri Amit Poonia, Public Prosecutor for State. Shri B.M. Sharma for the complainant. ****** Heard learned counsel for petitioners, learned Public Prosecutor for the State as well as learned counsel for complainant and perused the relevant documents placed before me. Contention of the learned counsel for petitioners is that alleged offence against the petitioners is under Sections 147, 148, 149, 323, 336 and 304 IPC. The major offence for which they have been denied bail by the learned court below is for offence under Section 304 IPC. It is contended that there are two injured on the side of the petitioners i.e. Ramraj and Harbhan having received two & five injuries, respectively. Petitioner-Ramraj sustained one incised wound on his left foot SB Crlmb No.4474/10. 2 which is grievous in nature and petitioner- Harbhan sustained three incised wounds. These injuries were caused to them by the complainant party and a cross FIR has been lodged. On the other hand, three persons from the side of the complainant sustained in all five injuries and most of them are simple and abrasions. Unfortunate death of minor girl Kumari Radha aged 2½ years took place because there was free fight and due to resultant injuries sustained by hit of pelting stones, she died. There was no intention to cause her death, petitioners are in jail since 17/3/2010, investigation is complete, challan has already been filed, trial of the case will take a long and there is no previous case pending against any of the accused. Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioners on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners Ramavtar S/o Parshuram, SB Crlmb No.4474/10. 3 Harbhan S/o Parshuram, Ramraj S/o Parshuram, Prem Singh alias Pemu S/o Baluram and Rajesh S/o Maharaj Singh shall be released on bail in FIR No.67/2009 P.S. Gadhi Bajna, District Bharatpur for offence u/Ss.147, 148, 149, 323, 336 and 304 IPC on each of them furnishing 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 concerned Court for their appearance before that court on all dates of hearing until conclusion of the trial. (MOHAMMAD RAFIQ), J. anil