1 S.B. Criminal Misc. II Bail Application No.3257/2007 Date : 19.07.2007 HON'BLE MR.SATYA PRAKASH PATHAK, J. Mr. Vineet Jain for the applicant. Mr. O.P. Rathi, Public Prosecutor. I have heard learned counsel for the applicant as well as the learned Public Prosecutor for the State and carefully gone through the impugned order. The contention of learned counsel for the applicant is that this Court on previous occasion while rejecting the petition for bail gave direction to record the statements of material witnesses in relation to last seen evidence. According to learned counsel, out of four witnesses, statements of three witnesses have been recorded and they have not supported the prosecution case and completely denied the factum regarding last seen of the accused with the deceased. It has been submitted that fourth witness namely Pramod Kumar s/o Ranjeet Singh could not be examined for the reason that report on summon which was received in the Court, was to effect that no person of that name is of resident of 2 village Kuradiya. It has also been submitted that in this case except the above evidence, there is no evidence to connect the accused applicant with the crime. On the other hand, learned Public Prosecutor has opposed the bail application and invited my attention towards statements of Durgesh, Richpal Singh and Giraraj and submitted that in their statements recorded under Section 161 Cr.P.C., they Involve the accused applicant and stated that he was responisble in relation to present incident. I have considered the submissions made before me and perused the statements of above witnesses and also perused the statements of witnesses regarding last seen i.e. PW1 Ratanlal, PW2 Kailashchand and PW3 Salim. I do not want to express my opinion on the merits of the case as it may affect either side of the case, however, taking into consideration the overall facts and circumstances of the present case, I deem it just and proper to enlarge the accused applicant on bail. 3 Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that applicant Pukhraj s/o Sawai Giri shall be released on bail in FIR No.121/2006 P.S. Jahajpur, District Bhilwara, provided he executes a personal bond in the sum of Rs.30,000/- with two sound and solvent sureties in the sum of Rs.15,000/- 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. (SATYA PRAKASH PATHAK), J. vij