CRLMB9594/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. 2nd Bail Application No.9594/2010 Govind Singh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 27.10.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Rajesh Goswami, Counsel for petitioner Shri Piyush Kumar, Public Prosecutor #### 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. Contention of learned counsel for petitioner is that first bail application of petitioner was rejected by this court on 27.07.2010 on ground that sole injured Surendra had named him along-side co- accused Vikram Singh as main assailants. This court dismissed first bail application of petitioner with liberty to again apply before the court of Sessions after statement of injured Surendra was recorded. Statement of injured Surendra was recorded, in which he has stated that it was a dark night and that he although knew petitioner Govind Singh and co-accused Vikram Singh, but he did not see them at the site of incident; he has gone even to the extent of saying that petitioner Govind Singh and co-accused Vikram Singh have not subjected him to any scuffle (maar-peet). Learned Public Prosecutor opposed the bail application but was not in a position to dispute correctness of aforesaid submissions. After considering all the facts and circumstances of the case and without expressing CRLMB9594/2010 // 2 // any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Govind Singh Son of Hajari Singh, Resident of Ban Gothadi-Kala, Police Station, Pilani, District Jhunjhunu (presently confined to Jail, Jhunjhunu) on bail under Section 439 Cr.P.C., in FIR No.70/2009, Police Station Pilani, District Jhunjhunu, under Sections 147, 148, 149, 323, 324, 342, 427, 307 IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15,000/- each 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 second bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//