Mahendar Kumar Goyal, j. - (1.) The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No. 157/2020 registered at Police Station Sadar, Karauli District Karauli for the offence(s) under Section(s) 143, 323, 341, 336 and 307 of IPC and later on for the offence(s) under Section(s) 143, 341, 323, 323, 336, 307 and 34 IPC.
(2.) It is contended by the learned counsel for the petitioners that only Bijendra is stated to have received grievous injuries on his person which, as per the allegations in the FIR lodged by eye witness, have not been attributed to the present petitioners. He submits that none of other person from the complainant party had received grievous injury. Learned counsel submits that the petitioners are in custody since 25.08.2020, investigation as against them is complete, they have no criminal antecedents and prays for release of the petitioners on bail.
(3.) Learned Public Prosecutor assisted by the learned counsel for the complainant(s) opposing the bail application submitted that Bijendra has received grievous injuries on his person through sharp edged weapon and the petitioners being members of the unlawful assembly are not entitled for benefit of bail. Taking into consideration the submissions advanced by learned counsel for the petitioners, the nature of accusation against them, their length of the custody and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioners on bail. Accordingly, the bail application is allowed and it is directed that accused-petitioners 1. Badam S/o Ramdev Gurjar, 2. Atar Singh S/o Badam Gurjar and 3. Rajesh S/o Badam Gurjar shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided each of them shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that they shall comply with all the conditions laid down under Section 437(3) Cr.P.C. ;