CRLMB7021/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.7021/2010 Devi Singh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 03.08.2010 HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE Shri Anurag Sharma, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for the accused- petitioner. It is submitted by the counsel for the petitioner that even as per the case of the prosecution the death of deceased Dauji Son of Chhingaram has been caused primarily on account of rupture of spleen. Further he has submitted that even otherwise there is no cogent evidence against the petitioner so as to prima-facie show that he has committed the offence of murder. Taking into considering the facts and circumstances of the case as well as on careful perusal of the evidence on record filed along-with the challan and looking to the fact that Dauji had died due to rupture of spleen as per the postmortem report, I deem it just and proper to enlarge the petitioner on bail. Consequently, the bail application is allowed. It is directed that the accused-petitioner, namely, Devi Singh Son of Shri Ramkhiladi, by caste Gurjar, Resident of Sakargatha, presently Bamanpura, Police Station Suroth, District Karauli, be released on bail under Section 439 Cr.P.C., in FIR No.242/2009, Police Station Suroth, District Karauli, for offence under Sections 302, 323, 447 CRLMB7021/2010 // 2 // and 115 of the IPC and Section 3(2)(v) & 3(1)(v) of SC/ST (Prevention of Atrocities) Act, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. (Raghuvendra S. Rathore) J. //Jaiman//