CRLMB8102/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.8102/2010 Lokendra, Sumit @ Lala Vs. The State of Rajasthan Date of Order ::: 16.09.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Brij Mohan, father of petitioners, present-in- person Shri Prakash Chand, representative of PP Office #### By the Court:- This application for bail has been filed by two accused-petitioners, namely, Lokendra and Sumit @ Lala, under Section 439 of the Cr.P.C. It is contended in the bail application that the offence under Section 307 IPC is not made out against the petitioners and the sphere of offence does not travel beyond scope of Section 325 IPC. Injuries No.1, 7 and 9 on the person of injured Ram Chandra, which have been opined to be grievous in nature, are on his non-vital parts, such as left arm, right hand etc. Injury No.2, for which reason the learned court below has rejected the bail application of the petitioners, was although on the head of the injured but that injury has been opined to be simple in nature. It is contended that the FIR itself states that the petitioners, when they approached the complainant, had their faces muffled. There was then no possibility of their identification and naming them in the FIR and they have been falsely implicated in the case. Petitioners are in jail since 12.08.2010. Investigation is almost complete and challan is likely to be filed very shortly. They have no previous case ever registered against them. The CRLMB8102/2010 // 2 // trial of the case, if challan is filed, will take considerable time. Although Public Prosecutor is not present but his representative has produced the case-diary. After considering all the facts and circumstances of the case and without expressing any opinion on its merits, I deem it just and proper to release the accused-petitioner, namely, (1) Lokendra Son of Brij Mohan and (2) Sumit alias Lala son of Brij Mohan, both residents of Vivekananda Colony, Police Station Kotwali Baran (at present confined in District Jail, Baran) on bail under Section 439 Cr.P.C., in FIR No.440/2010, Police Station Kotwali, Baran, for offence under Sections 307, 356, 341, 323 and 143 IPC, provided each of them furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each 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 stands disposed of accordingly. (Mohammad Rafiq) J. //Jaiman//