1 S.B.Cr.Misc. IV Bail App. No. 6372/2008 (Jagannath Vs. State of Rajasthan) Date of order : 17/11/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Umesh Shrimali for the petitioner. Mr. Ashok Upadhyay, Public Prosecutor. This is fourth bail application. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and challan papers as also statements of the witnesses. It is contended by learned counsel for the petitioner that all material witnesses have been examined and PW-3 Champabai, PW-4 Surajbai, PW-6 Rahiman and PW-7 Amartiya who are material witnesses alleged to have witnessed the occurrence did not support the prosecution case and have turned hostile. It is further submitted that after dismissing the earlier bail application, very recently, Co- ordinate Bench of this Court granted bail to co-accused Mohan Lal and Sochand @ Shiochand by order dated 05.11.2008 in S.B.Cr. Misc. II Bail Application No. 5976/08 and other co-accused namely Devi Lal, Sukhram and Pannalal have also been granted bail by Co-ordinate Bench of this Court by orders dated 12.11.2008 and 15.10.2008 and the case of the present petitioner is not distinguishable from that of all the co-accused. Looking to the facts and circumstances of the case and the fact that similarly situated all the co-accused have been released on bail by 2 Co-ordinate Bench of this Court, I think it just and proper to enlarge the accused petitioner on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Jagannath S/o Shri Salag Ram be released on bail in FIR No.309/99 P.S. Begu, district Chittorgarh provided he executes a personal bond for a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR), J. RP