IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Cr. Misc. Bail Application No.5931/2009 Durgalal and ors. vs. State of Raj. Dated : 06.08.2009 HON'BLE MR. MAHESH BHAGWATI, J. Mr. Liyakat Ali, for the petitioners. Mr. GS Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Liyakat Ali, Advocate on behalf of the applicants in FIR No. 42/2009 of police station Sangod, Kota, in the offences under Sections 302, 147, 148 & 149 of IPC. 2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioners has canvassed that the land whereupon the alleged incident is alleged to have taken place, has been in their custody for the last 40 years. They have been ploughing and reaping the harvest. It is the complainant party who attacked upon them and there was a free fight as a result of which both the parties, being loggerheads, lodged FIRs against each other. One co-accused Bharosi Bai has already been released on bail by the Co- ordinate Bench and there have been allegations of omnibus nature against the petitioners, hence, they also deserve to -2- be enlarged on bail. 4. Learned Public Prosecutor appearing for the State has vociferously opposed the bail petition on the ground that the names of the petitioners figure in the FIR. They, along with other co- accused persons, are alleged to have been armed with deadly weapons viz. Gandasi, swords, clubbs and stones. They attacked on the complainant party, caused life threatening injuries, damaged the tractor and thresher. During this incident Nand Bihari sustained injuries, who succumbed to them. The co-accused Jagannath has been denied bail by the Coordinate Bench and the case of the petitioners is alike to that of the co-accused, hence, their bail petition should also be dismissed. 5. Having considered the submissions made at the bar and carefully perused the relevant material available on record, I, without expressing any opinion on the merits of the case, do not feel inclined to grant bail to the accused petitioners and as such their bail petition deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioners namely Durga Lal S/o Dhuli Lal, Kanhiya Lal S/o Dhuli Lal and Hansraj S/o Latur stands dismissed. (MAHESH BHAGWATI)J.