JUDGMENT 1. - This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Lokesh Sharma, Advocate on behalf of the petitioner Shakti Singh pertaining to FIR No. 40/2009 of Police Station Chirawa, District Jhunjhunu, registered in the offences under Sections 323, 341 & 379 of IPC. 2. Heard the Learned Counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned Counsel for the petitioner has contended that the medical report of the complainant Raju reveals that he has sustained only three injuries caused by blunt object and that too simple in nature. The injury report as also the facts as enumerated in the FIR did not constitute an offence under Section 326 of IPC. Hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 5. Having considered the submissions made at the bar and perused the relevant material on record including the bail order dated 7th March, 2009 rendered by Additional Sessions Judge, Jhunjhunu, it is found that the learned Additional Sessions Judge, Jhunjhunu, observed in his order that the complainant Raju had permanently lost his vision of right eye on account of the injury caused by the petitioner but it is not supported by the report of the ophthalmologist. The observation of the Additional Sessions Judge, Jhunjhunu, has got no basis to stand. It appears that the learned Additional Sessions Judge has given this observation in his order without perusing the papers and report of ophthalmologist and applying his mind. The report of the ophthalmologist clearly reveals that the right eye of the complainant Raju was blind and in his left eye, he had vision 3/60. The case was referred to SMS, Hospital for evaluation but it seems that police did not take the complainant to SMS, Hospital, Jaipur intentionally, as the ophthalmologist had not indicated any injury in the right eye. The police has blatantly abused the powers and dishonestly registered the case for the offence under Section 326 of IPC, whereas in the facts and circumstances of the case, no offence under Section 326 of IPC is made out from any stretch of imagination. The learned Additional Sessions Judge, also seems to have passed the order blindly. The police has blatantly abused the powers and dishonestly registered the case for the offence under Section 326 of IPC, whereas in the facts and circumstances of the case, no offence under Section 326 of IPC is made out from any stretch of imagination. The learned Additional Sessions Judge, also seems to have passed the order blindly. He is advised not to pass such perverse and illegal orders in future, failing which a disciplinary action may be recommended to be taken against him. Hence, I, without expressing any opinion on the merits of the case, do deem it just and proper to enlarged the accused petitioner on bail. 6. It is, therefore, ordered that the accused petitioner Shakti Singh s/o Jeetendra Singh, in FIR No. 40/2009 Police Station Chirawa, District Jhunjhunu, shall be released on bail on furnishing a personal bond in the sum of Rs. 5,000/- (Rs. Five Thousand only) together with one surety in the like amount to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded.Bail Allowed. *******