1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Misc. Bail Application NO.3427/09 Madan Singh Vs. State of Rajasthan Date of order :: 22nd July, 2009 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr.Mridul Jain, for the petitioner. Mr.Ashok Prajapat,P.P. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. Learned counsel for the petitioner has contended that the petitioner is in judicial custody, investigation is complete and the challan has been filed in the matter. It is further contended that the present case is based on circumstantial evidence whereas as per challan papers, there is no evidence against the petitioner about the last seen evidence or recovery of any weapon alleged to have been recovered in the case or recovery of any article of the deceased, the only evidence is in respect of recovery of trouser of accused himself and not of deceased therefore, looking to the facts and circumstances of the case the accused may be released on bail. 2 The application is opposed by the learned Public Prosecutor. 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. Hence, it is directed that accused-petitioner namely Madan Singh S/o Shri Bhanwar Singh, be released on bail under Section 439 Cr.P.C.,in FIR No.113/09 Police Station Chandariya registered under Section 302 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 on all subsequent dates of hearing and as and when called upon to do so. (NARENDRA KUMAR JAIN), J. ns.