1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6350/2009 Keshav Singh v/s State of Rajasthan Date : 03.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. R.R. Baisla, for accused petitioner. Mr. Amit Punia, Public Prosecutor, for State. This order governs the disposal of bail petition filed under section 439 of Cr.P.C. by Mr. R.R. Baisla Advocate on behalf of the applicant Keshav Singh pertaining to FIR No.65/2007 of Police Station Basai Dang, District Dholpur in the offences under sections 353 and 307 of IPC as also 11 of R.D. Act. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that he has been in custody for the last 13 months. Five prosecution witnesses have been examined and none of them has not even named his presence along with the Jagan dacoit who are alleged to have opened fire upon the police force. The petitioner was arrested in the very beginning and now one absconding accused Babulal has surrendered in the court, as a result of which, de novo trial shall be commenced in the court. There is no evidence, as such, on record, which could connect the petitioner with the alleged offences of the 2 instant case. Apart this, there is no other criminal case pending against him in any court, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail petition. 5. Having considered the submissions made at the Bar and perused the relevant material available on record, I, without expressing any opinion on the merits of the case but keeping in view the statements recorded during trial, do feel inclined to grant bail to the petitioner and the bail petition is ordered to be allowed. 6. It is, therefore, ordered that the accused petitioner Keshav Singh S/o. Madho in FIR No.65/2007 of Police Station Basai Dang, District Dholpur, shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two surety bonds each in the sum of Rs. 25,000/- to the satisfaction of the learned trial court with the stipulation that he shall appear before that court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. Mak/- 4