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2007 DIGILAW 1646 (RAJ)

PREETAM v. STATE OF RAJASTHAN

2007-08-31

RAGHUVENDRA S.RATHORE

body2007
Judgment RAGHUVENDRA S. RATHORE, J. ( 1 ) HEARD the learned counsel for the petitioners and the learned Public Prosecutor for the State and also perused the material on record. ( 2 ) LEARNED counsel for the petitioners submits that the petitioners have been falsely implicated in this case. He further submits that the report itself mentions that there is no reason for the beating having been given by the petitioners. He also submits that the petitioners have not caused the injuries on the head for which the offence under Section 307 IPC have been added during the course of investigation. ( 3 ) THE learned Public Prosecutor opposes the bail application and submitted that there is a fracture on the head of the injured Karan Singh and in all he had sustained 10 injuries. ( 4 ) I have considered the contentions of the rival parties. The present incident took place on 2nd of April 2007 and the report was lodged on 3rd of April 2007. The statement of the injured Karan Singh was recorded under Section 161 Cr. P. C. on 3rd of april 2007. Thereafter, the investigation is said to be continuing. The X-Ray report was first prepared on 5th of April 2007 and thereafter on 7th of April because in respect of the head injury the X-Ray was to be repeated. In the statement of the injured it has been alleged that both the petitioners have caused the injury on the head. ( 5 ) WITHOUT expressing any opinion on the merits of the case and taking into consideration the allegation against both the petitioners for causing one injury on the head and that the investigation has been continuing since the month of April 2007, i deem it just and proper to enlarge the accused petitioners on bail under section 439 Cr. P. C. ( 6 ) IT is ordered that the accused petitioners nos. (1) Preetam S/o Shri Ramotar and (2) Ramotar S/o Shri Surjan in F. I. R. No. 128/2007, Police Station, Bansoor, Distt. Alwar, shall be released; provided they furnishes a personal bond of Rs. 20,000 and two surety bonds of Rs. 10,000 each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. Bail application allowed. .