JUDGMENT : 1. The present bail applications have been filed under Section 439 Cr.P.C. in connection with FIR No.393/2021, registered at Police Station Ajitgarh, District Sikar for the offence(s) under Sections 143, 341, 307 & 382 IPC. 2. Learned counsel for the accused-petitioners submitted that the complainant lodged an FIR wherein allegation was levelled against several persons including the petitioners that they had physically assaulted the complainant and further, money kept in his pocket, was also forcefully taken. 3. Learned counsel for the petitioners submitted that the injury report of injured Rajesh Yogi showed three injuries i.e. pain & swelling, abrasion and contusion. 4. Learned counsel for the petitioners submitted that after x-ray, the injury No.1 i.e. pain & swelling was not found dangerous to life as there was no fracture in the scalp. 5. Learned counsel for the petitioners submitted that Police in mechanical manner without considering the nature of injury, filed the final report under Sections 307 & 382 IPC. 6. Learned counsel for the petitioners submitted that the Investigating Officer is said to have followed direction issued by Superintendent of Police in his letter dated 08.10.2021, to register the case under Section 307 IPC only on the basis of FIR which is registered under Section 307 IPC. 7. Learned counsel for the petitioners submitted that the Investigating Officer has not applied his mind to see as whether the offence under Section 307 IPC has been made out or not after completing the investigation and even if the FIR was registered under Section 307 initially and after medical examination, the injury is not of such a nature covered under Section 307 IPC, charge sheet cannot be filed mechanically under Section 307 IPC. 8. Learned counsel for the petitioners submitted that the petitioners are in custody since 18.12.2021 and 26.12.2021 and the Police has already filed final report and they are not required for any custodial interrogation. 9. Learned Public Prosecutor has opposed the present bail application and submitted that the injury suffered by the injured was on his head and as per the allegations levelled in the FIR, all the petitioners were present and responsible for causing the injuries. 10. 9. Learned Public Prosecutor has opposed the present bail application and submitted that the injury suffered by the injured was on his head and as per the allegations levelled in the FIR, all the petitioners were present and responsible for causing the injuries. 10. Learned Public Prosecutor has further submitted that the injury which was found to be not dangerous to life still was on the vital part of the body i.e. on head and as such, Police has not committed any wrong in filing the final report. 11. This Court, prima-facie, notices the following features in the present case, which are read as under:- (i) The complainant has implicated several persons in the alleged incident and he has suffered in all three injuries. (ii) The injuries Nos.2 & 3 are abrasion and contusion and injury No.1 is pain and swelling on the scalp by blunt object and later on after x-ray report of the scalp, no fracture has been found. (iii) The petitioners are in custody and Police has already completed the investigation after filing final report and they are not required for any custodial interrogation. This Court, in view of the aforesaid discussion and without expressing any opinion on the merits of the case, deems it just and proper to release the petitioners on bail. Accordingly, the present bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners (1) Vikash @ Raudi S/o Om Prakash, (2) Gaurav Sharma Son Of Vinod Kumar Sharma, (3) Sanju Marodiya Son Of Rajuram Marodiya, (4) Abhishek Bankoliya Son Of Mahendra Kumar Bankoliya (in S.B. Criminal Miscellaneous Bail Application No. 1423/2022) & Shriram Sevaliya @ Rocky Shooter S/o Harphool (in S.B. Criminal Miscellaneous Bail Application No. 1547/2022), shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each, to the satisfaction of the learned Trial Court for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.