1 S.B.Cr.Misc. Bail App. No. 986/2008 (Sanjeshpal Vs. State of Rajasthan) Date of order : 18/03/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Niranjan Singh for the petitioner. Mr. Ashok Upadhyay, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and police investigation diary papers as also the statements of prosecution witnesses. It is contended by learned counsel for the petitioner that the witnesses to the recovery of Barchhi namely PW-3 Gopiram and PW-4 Shayodan have not supported the prosecution case and turned hostile. There is no other evidence connecting the petitioner. Learned counsel further submits that even the father of the deceased PW-6 Gangadhar categorically stated that he has not seen the petitioner causing any injury to the deceased Anurag. There being no other evidence connecting the petitioner. Similar is the statement of PW-7 Devki, mother of the deceased who also stated that she has not seen any person murdering her son, however, she stated that she has no knowledge who caused the murder of her son. PW-8 Ramswaroop also gave a similar statement and stated that he had no knowledge who murdered Anurag. Looking to the facts and circumstances of the case and the fact 2 that there is no eye witness to the occurrence and the only evidence relied on by prosecution is recovery of Barchhi and witnesses to Barchhi have turned hostile, having considered the oral arguments advanced by both the parties, without commenting on the merit of the case, I think it just and proper to enlarge the accused petitioner on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Sanjeshpal S/o Ramnath Pal be released on bail in FIR No. 382/07 P.S. Raisinghnagar, district Sriganganagar, provided he executes a personal bond for 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. RP