1 S.B.Cr.Misc. Bail App. No.4012/2007 (Choru Lal vs. State of Rajasthan) Date of order : September 05, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.M.K.Garg, for the petitioner. Mr.Ashok Upadhyaya, Public Prosecutor. Mr.Sandeep Mehta, for the complainant. Heard learned counsel for the petitioner and the Public Prosecutor for the State assisted by counsel for the complainant. Perused the order impugned as well as the police investigation diary. It is contended by the learned counsel for the petitioner that the petitioner's mother was a Director in Panchayat Samiti and there was “no confidence motion” moved against one Tulsi Ram in which, the petitioner's mother was abducted by complainant Govind Ram and others in order to cast the vote in favour of Tulsi Ram. There was a motion of no confidence. It is alleged that thereafter, the petitioner's mother was found dead. Learned counsel for the complainant submits that the mother of the petitioner died due to road accident. 2 Learned counsel for the petitioner submits that the petitioner has sent an application to the Superintendent of Police from jail, since he is in custody, that his mother has been murdered by the complainant party. From the investigation diary, more particularly from the interrogation note, the facts stated by the learned counsel for the petitioners appear to be found place in the police investigation diary also. It is contended by the learned counsel for the petitioner that a false case has been instituted against the present petitioner in order to counter the case filed by the petitioner for causing death to his mother. Be that as it may, without commenting on the merit of the case, which may prejudice the case of either party, having regard to the facts and circumstances of the case and taking into account the oral arguments advanced by the parties, I think it just and proper to enlarge the accused petitioner on bail. Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Choru Lal s/o Bhiyan Ram be released on bail in FIR No.79/2007, P.S. 3 Napasar, Distt. Bikaner provided he furnishes a personal bond in 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. m.asif/-