1 S.B.Cr.Misc. Second Bail App. No.4086/2007 (Sunil & Anr. vs. State of Rajasthan) Date of order : August 23, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.Pradeep Shah, for the petitioners. Mr.Ashok Upadhayay, Public Prosecutor. Heard learned counsel for the petitioners and the Public Prosecutor for the State. Perused the order impugned and the challan papers as also the statements of the witnesses. This is second bail application. The first bail application came to be dismissed on 23.7.2007 with a liberty to the petitioners to file a fresh bail application after the statements of Lalit Singh, Ratan Singh and Rajendra Singh are recorded by the trial court. Learned counsel for the petitioners has placed on record the statements of PW.1 Lalit Singh, PW.2 Ratan Singh and PW.3 Rajendra Singh, which have been recorded by the trial court on 2.8.2007. It is contended by the learned counsel for the petitioners that the postmortem report shows that no external injury is 2 seen, however, the Medical Board could not opine the cause of death and kept the opinion reserved after histopathelogical examination and the report of histopathelogical examination and the C.T. Scan show the massive infarct in left fronto temporoparietal region and the cause of death has been shown to be head injury. The injury report shows that decease suffered the head injury and tenderness on the hip joint. It is not clear that which of the accused caused head injury. It is further contended by the learned counsel for the petitioner that co- accused Laxman Singh has already been released on bail and from the evidence, it cannot be made out that who caused the fatal injury. Having regard to the facts and circumstances of the case and on careful perusal of the statements of the witnesses, without commenting on merit of the case, which may prejudice the case of either party at the trial since fatal injury has not specifically been assigned to any of the accused, I consider it just and proper to enlarge the accused petitioners on bail. Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and the petitioners Sunil s/o Laxman and Ratan alias Manoj Gurjar s/o Laxman be released on bail in FIR No.01/2007, P.S., Asind, Distt. Bhilwara provided each of them 3 furnishes a personal bond in a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs.10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR),J. m.asif/