// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3955/2009 {Ramesh Kumar Versus State of Rajasthan} Date of Order ::: 29th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Moti Singh, counsel for the petitioner Shri Ashok Prajapat, PP for the State of Rajasthan #### By the Court: Heard learned counsel for the petitioner(s) as well as learned Public Prosecutor and perused the relevant material made available to me during the arguments of the case. Learned counsel for the petitioner argued that petitioner is in judicial custody since September, 2007 and in last two years, the trial has not been concluded finally; till now sixteen prosecution witnesses have been examined including father, mother and maternal uncle of the deceased and all the sixteen witnesses have been declared hostile, therefore, looking to all the facts and circumstances of the case, the petitioner be released on bail. Learned PP opposed the bail // 2 // application. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, Cr.P.C. and the same is hereby allowed. It is, therefore, directed that accused-petitioner namely Ramesh Kumar S/o Jagmal be released on bail under Section 439 Cr.P.C. in F.I.R. No. 166/2008, Police Station Bhirani (Hanumangarh) registered under Section (s) 304B, 498A and 406/34 IPC, provided he furnishes a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) together with one surety of the like amount to the satisfaction of the trial court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (NARENDRA KUMAR JAIN), J. //DK//