RADHEYSHYAM AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CONTENTION of the learned Counsel for the Petitioners is that there are cross -cases by the parties against each other i.e. by the complainant against the accused -Petitioner in the first case and by the accused -Petitioner against the complainant in the second case. In the first case, injured Hans Ram has received a fracture, which has been opined to be dangerous to life and which injury has been attributed to co -accused Bhagwan Sahay, whose bail application is not before the court today. In the second case, fracture of head has been sustained by injured Vijendra, which has been attributed to accused Hari whose bail application under Section 439 Code of Criminal Procedure is not before the court today.

(2.) LEARNED Public Prosecutor has although opposed both the bail applications but does not dispute the factual contents of the arguments of the learned Counsel for Petitioners in both the cross cases.

(3.) IN the result, these bail applications Under Section 439 Code of Criminal Procedure are allowed and it is directed that Petitioners - (1) Radheyshyam S/o Shri Babu Singh, (2) Ramavtar S/o Shri Batra, (3) Hans Ram S/o Shri Prahlad and (4) Lajja S/o Shri Prahlad shall be released on bail in FIR No. 323/2009 registered at P.S. Bayana, District Bharatpur for offence under Sections 147, 148, 149, 323, 341, 324, 325, 326 and 307 IPC as well as in FIR No. 324/2009 registered at P.S. Bayana, District Bharatpur for offence Under Sections. 143, 323, 341, 452, 379 and 326 IPC on their furnishing a personal bond in the sum of Rs. 30,000/ - together with two sureties in the sum of Rs. 15,000/ - each to the satisfaction of the concerned Court for their appearance before that court on all dates of hearing until conclusion of the trial.