CRLMB3916/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3916/2010 Netram Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 13.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Pankaj Gupta with Shri Sudhir Kumar Jain, counsel for petitioner Shri Amit Punia, Public Prosecutor Shri V.S. Punia, Counsel for complainant #### By the Court:- Heard learned counsel for parties and perused the material made available to me during the arguments of the case. This application for grant of bail pending trial under Section 439 Cr.P.C. has been filed by accused Netram. Learned counsel for petitioner argued that only allegation against petitioner is of causing injuries to Ram Khiladi and that too such allegation has been jointly made against two accused, namely, petitioner Netram and co-accused Deviram. Only two injuries were sustained by Ram Khiladi and both of them are simple in nature. So far as unfortunate death of girl aged two months is concerned, that took place because she fell from the lap of her mother and that there is no allegation against accused-petitioner of snatching the girl from the mother and throwing her on the ground; such allegation is made against other four accused and not against present petitioner. The incident took place on account of dispute between the parties over levelling of the land by complainant party, situated near their houses. Investigation against accused-petitioner is complete; challan has been filed; trial of the case CRLMB3916/2010 // 2 // is likely to take long time; petitioner has been in jail since 9th March, 2010. Learned Public Prosecutor and learned counsel for the complainant opposed the bail application and submitted that some of the accused are still absconding against whom investigation is kept pending under Section 173 (8) Cr.P.C. The accused-party was aggressor and came to the house of the complainant; death of a minor girl of two months has taken place because she was snatched from her mother and was thrown on the ground. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Netram Son of Shri Ramdhan on bail under Section 439 Cr.P.C., in FIR No.23/2010 at Police Station Mahuwa, District Dausa, provided, he furnishes a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//