JUDGMENT 1. - The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in a case arising out of FIR No. 498/2013 registered at Police Station Amer, Jaipur (North) Jaipur for the offences under section 341, 323, 382 and 327 IPC. 2. Complainant has stated in the FIR that he was returning from his house, when the accused demanded money from him for taking liquor, on refusal accused had abused him and had caused an injury. 3. It is stated that accused had hit on the head of the complainant with a stone. 4. Counsel for the petitioners has submitted that head injuries suffered by the complainant is simple in nature. 5. The court below has declined bail to the petitioners on the ground that petitioner No. 1 Mukesh Meena is involved in eight cases and petitioner No. 2 - Suraj Mahawar @ Kalu Ram is involved in three cases. 6. So far as cases against the petitioner No. 1 - Mukesh Meena are concerned, one case was registered in the year 1986, second and third cases were registered in the year 1999, fourth and fifth cases were registered in the year 2001 whereas sixth, seventh and eighth cases were registered in the year 2002. 7. So far as petitioner No. 2 - Suraj Mahawar @ Kalu Ram is concerned, two cases were registered against him In the year 2002 and third case was registered under the Gambling Act in the year 2013. 8. The cases registered against the accused are for offences under Section 323 IPC, Gambling Act and the Excise Act. 9. I have heard counsel for the parties. 10. Petitioners are petty criminals, they are already behind the bars from 6th December. 2013. 11. Counsel for the petitioners has submitted that all cases against the accused have been decided. They have been released on fine or probation. 12. Considering the antecedent of the petitioners and the fact that petitioners have caused simple injuries in the occurrence, this Court is of the view that continuous detention of the petitioners as undertrials is not warranted. 13. Hence, present petition is accepted and the petitioners are ordered to be released on bail during pendency of the trial to the satisfaction of the trial court. 14.
13. Hence, present petition is accepted and the petitioners are ordered to be released on bail during pendency of the trial to the satisfaction of the trial court. 14. However, taking into account the conduct of the petitioners, trial court is directed to impose a condition in the bail bonds to be furnished that in case petitioners commit any other offence during the pendency of the trial, the bail granted to them shall be cancelled by the trial court. 15. The trial court shall direct the concerned Station House Officer to periodically report regarding the conduct of the petitioners and in case petitioners commit any other offence, the trial court shall be well within its rights to cancel the bail granted to petitioners by this Court.Application allowed. *******