// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3825/2009 {Shivendra Vs. The State of Rajasthan} Date of Order ::: 27 th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Sandeep Mehta, Counsel for petitioner Shri Anees Bhurat, PP for the State #### By the Court: Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. It is contended on behalf of accused- petitioner that incident took place on 24th March, 2009 but no immediate report was lodged and only on 28th March, 2009, i.e. after a delay of four days, the FIR was lodged, which was registered under Sections 341, 323 of the IPC and Section 3 (x) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act; however, the deceased died on 20th April, 2009 and, now, after investigation of the case, the prosecution itself has filed a challan under Section 304-II, IPC, and not under Section 302, IPC; the petitioner is in judicial custody; from the facts and circumstances of the case and looking to the nature of injuries // 2 // sustained by the deceased, it is contended that prima-facie even offence under Section 304-II, IPC is not made out. 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 Shivendra S/o Ratan Singh, R/o Hadmatiya Jageer, Police Station Chhoti Sadari, District Pratapgarh (presently lodged at District Jail Pratapgarh) be released on bail under Section 439 Cr.P.C., in F.I.R. No.61/2009, registered at Police Station Chhoti Sadari, District Pratapgarh, under Sections 341, 323 IPC and Section 3(x) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 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. The bail application stands disposed of. (NARENDRA KUMAR JAIN), J. //Jaiman//