IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6608/2009 Dasharath v/s State of Rajasthan Date : 03.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Abdul Rahim Khan, for accused petitioner. Mr. G.S. Fauzdar, Public Prosecutor, for State. This order governs the disposal of bail petition filed under section 439 of Cr.P.C. by Mr. Abdul Rahim Khan Advocate on behalf of the applicant Dasharath pertaining to FIR No.206/2009 of Police Station Udhyog Nagar, Kota in the offences under sections 458, 376, 511, 427, 323 and 302 of IPC. 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 initially the FIR came to be registered in the offences under Sections 458, 37/511, 427, 323 and 302 of IPC but later on the police after completion of investigation found that only the offences under Sections 452, 323 and 427 read with Section 34 of IPC were made out. The petitioner has been in custody for quite a long time, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail petition on the ground that the deceased child, on postmortem, was found to have sustained ante mortem injury in the liver, which could come, as per the Doctor by pressure or by fall. The allegation against the petitioner is that he put his foot on the child and killed him. The offence under Section 302 of IPC is made out, hence, the bail petition may be dismissed. 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 factors emerging on record, do deem it just and proper to grant indulgence of bail to the petitioner. However, it is for the trial court to make up mind going through the entire record as to whether from the facts and circumstances, the offence under Section 302 of IPC is made out or not. 6. It is, therefore, ordered that the accused petitioner Dasrath S/o. Lalu Bagari in FIR No.206/2009 of Police Station Udhyog Nagar, Kota 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/- 14