JUDGMENT 1. - This bail application under Section 439 Cr.P.C. has been filed by petitioners Dhanraj and Badri in F.I.R. No. 268/2005 registered at Police Station Deoli, District Tonk for the offence under Sections 147, 447 & 323 I.P.C. 2. Heard learned counsel for petitioners, learned Public Prosecutor for State and perused the case diary and other material produced during the course of argument. 3. Learned counsel for petitioners contended that the complainant party was aggressor and they came at the field of accused party and inflicted grievous and simple injuries to the accused petitioner Badri, his son Ranglal and one Ramlal and Kamla. It is also submitted that cross F.I.R. No. 269/2005 was also registered at the Police Station Deoli, District Tonk. It is also contended that statement of deceased Gopal under Section 161 Cr.P.C. has been recorded and he has not assigned any injuries to the present petitioners. It is also submitted that Badri is 65 years of old man and because of fracture in his leg he is not in a position to move. 4. Learned Public Prosecutor opposed the bail application but could not controvert the above submissions that cross F.I.R. has been registered and injury on the body of deceased Gopal has not been ascribed to present petitioners. 5. Without making any observations on the merits, having ccfnsidered the rival submissions made at the bar, nature of accusation, material on record and all other facts and circumstances, I deem it proper to grant bail to the present petitioner Dhanraj and Badri under Section 439 Cr.P.C. 6. In the result, the bail application is allowed and it is directed that petitioners Dhanraj S/o Shri Badri and Badri S/o Shri Hukma in F.I.R. No. 268/2005 registered at Police Station Deoli, District Tonk shall be released on bail on their furnishing a personal bond in the sum of Rs. 20,000/- each together with two sureties each in the sum of Rs. 10,000/- to the satisfaction of the concerned Court of their appearance before that Court on all dates of hearing until conclusion of the trial.Bail application allowed. *******