IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Bail Application No. 8277/2010 Rajendra @ Lohare Vs State of Rajasthan through PP 26.8.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Pankaj Gupta - for the petitioner Mr Amit Poonia - Public Prosecutor BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that initially case was registered for offence under section 302 IPC however, after investigation, it was converted into section 304 IPC. Allegations against petitioner is that he was under the influence of liquor along with deceased. He was driving the tractor and in that process caused death of his friend. It is alleged that petitioner was not careful in driving the vehicle. According to petitioner, no case is made out for offence under section 304 IPC and, instead, case can be made out for offence under section 304A IPC as deceased himself was sitting on mudguard of the tractor and thereafter fell down under influence of liquor while the tractor was moving. Looking to the aforesaid, petitioner may be granted bail. Learned Public Prosecutor as also learned counsel for complainant have opposed the bail application. After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that petitioner deserves to be enlarged on bail. Accordingly, the bail application is accepted and it is directed that accused-petitioner namely; Rajendra @ Lohare may be enlarged on bail under section 439 CrPC in FIR No. 124/2010 registered at Police Station – Suroth, Karauli for offence under Section/s 304 IPC , section 3(2)(V) of SC/ST (Prevention of Atrocities) Act and sections 134, 186 and 187 of Motor Vehicle Act provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (MN BHANDARI), J. bnsharma