// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3699/2009 {Hansraj, Idana Ram, Ranjeet Ram and Chatra Ram Vs. State of Rajasthan} Date of Order ::: 28th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri R.S. Chundawat, Counsel for petitioners Shri Anees Bhurat, PP for the State #### By the Court: Heard learned counsel for petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Learned counsel for petitioners, in view of specific allegation against petitioner No.1 Hansraj about fatal injury sustained by deceased Mehram, does not press his bail application. Hence, the bail application of petitioner No.1 Hansraj is dismissed as not pressed. So far as other petitioners are concerned, it is contended that investigation in the matter is complete; charge-sheet has been filed; petitioner No.4 Chatra Ram is in judicial custody since January, 2009 and petitioners No.2 and 3, namely, Idana Ram and Ranjeet, // 2 // respectively, are in judicial custody since April, 2009; conclusion of trial is likely to take some time; the fatal injury was inflicted by petitioner No.1 Hansraj, whose bail application has been dismissed as not pressed; therefore, looking to all the facts and circumstances of the case, petitioners No.2 to 4, namely, Idana Ram, Ranjeet Ram and Chatra Ram may be granted indulgence of bail. The above facts have not been disputed by the learned Public Prosecutor. 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 the bail application of petitioners No.2, 3 and 4, namely, Idana Ram S/o Moti Ram, Ranjeet Ram S/o Moti Ram and Chatra Ram S/o Kana Ram, respectively, under Section 439, Cr.P.C. Hence, it is directed that accused- petitioners No.2, 3 and 4, namely, Idana Ram S/o Moti Ram, Ranjeet Ram S/o Moti Ram and Chatra Ram S/o Kana Ram, respectively, all R/o Dugastau, Tehsil Jayal, Police Station Jayal, District Nagaur (presently lodged in Nagaur Jail) be released on bail under Section 439 Cr.P.C., in F.I.R. No.1/2009 registered at // 3 // Police Station Jayal, District Nagaur, under Sections 147, 149, 458, 427, 504, 323, 336, 324, 326, 307 and 302 of IPC and Section 3(2)(5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, provided each of them furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) together with one surety of the like amount to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application is partly allowed as indicated above. (NARENDRA KUMAR JAIN), J. //Jaiman//