1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 2nd Bail Application No. 8160/2009 Dinesh Kumar vs. State of Rajasthan Dated : 14.10.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Mukesh Bijarnia, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Mukesh Bijarnia Advocate on behalf of the applicant Dinesh Kumar pertaining to F.I.R. No. 61/2009 at police station Sadar Fatehpur, in the offences under Sections 304 and 323 of IPC. 2. Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that police, after completion of investigation, has filed the charge-sheet in the court. He has further contended that from no stretch of imagination, the offence under Section 304 of IPC is made out from the statements of the witnesses and the evidence available on record. The driver is alleged to have been sitting and taking the vehicle back as a result of which a boy of 15 years of age came under the rear tyre of the vehicle. He had no intention to cause death of the deceased Dhanesh Kumar. The petitioner has been in custody since 13.07.2009. The trial of the case is likely to take time, hence, the petitioner may be granted indulgence of bail. 2 4. Learned Public Prosecutor has not opposed the bail petition. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, I, without expressing any opinion on the merits of the case but keeping in view all the facts and circumstances in totality, especially there being no evidence of intention or knowledge causing death of deceased Dhanesh Kumar on record, do feel inclined to grant indulgence of bail to the accused petitioner and the second bail petition deserves to be allowed. 6. It is, therefore, ordered that the accused petitioner Dinesh Kumar in F.I.R. No. 61/2009 at police station Sadar Fatehpur shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- together with two surety bonds each in the sum of Rs. 10,000/-, 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/- s-9