1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Bail Application NO.3377/09 Hemendra & Ors. Vs. State of Rajasthan Date of order :: 16th July, 2009 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr.Talat Bari) Mr.Rishi Vaishnav) for the petitioners. Mr.A.R. Nikub,P.P. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. It is contended on behalf of the petitioners that grievous injury on the person of injured Deepak was inflicted by the accused petitioner NO. 1 Hemendra therefore, his bail application may be dismissed as not pressed at this stage with liberty to file fresh bail application after filing the charge-sheet against him hence, the bail application of petitioner No. 1 Hemendra is dismissed as not pressed with liberty as prayed for. So far as petitioners No. 2 & 3 Naresh Sahu and Kamlesh Sahu are concerned, learned counsel for the petitioners as well as learned Public Prosecutor both admit that in the 2 present case both the parties has sustained injuries and cross cases have been registered against each other. The petitioners are in judicial custody for last more than one month hence, after considering all the facts and circumstances of the case I am inclined to allow their bail application. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439 Cr.P.C. in part. Hence,it is directed that accused-petitioners namely Naresh Sahu S/o Shri Chhoga Lal Sahu (2) Kamlesh Sahu S/o Shri Raju Sahu, be released on bail under Section 439 Cr.P.C.,in FIR No.46/09 Police Station Dhanmandi Udaipur registered under Sections 307,323,341,34 IPC provided they furnish personal bond in the sum of Rs. 25,000/-(Rupees Twenty Five Thousand only)each together with one surety of the like amount 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. (NARENDRA KUMAR JAIN), J. 3 ns.