1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 3rd Bail Application No. 8138/2009 Bholu Ram vs. State of Rajasthan Dated : 14.10.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Rinesh Gupta, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of third bail application filed under Section 439 of Cr.P.C. by Mr. Rinesh Gupta Advocate on behalf of the applicant Bholu Ram pertaining to F.I.R. No. 12/2009 at police station Indragarh, District Bundi, in the offence under Section 380 of IPC. 2. Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that 10 material prosecution witnesses have been examined so far by the court. The co- accused person Raju has already been enlarged on bail by this Court. The petitioner Bholu Ram is alleged to have administered poisonous substance to Nurka Bai but the Doctor has nowhere stated in his statement that he took any sample of fluid lying in his stomach, urine or blood during the examination. There is no evidence such as the FSL report which could connect the petitioner with the allegations of administering the poisonous substance. Hence, under these circumstances, the case of the petitioner is at par with the case of Raju and on the ground of parity, he also deserves to be released on bail. 4. Learned Public Prosecutor has opposed 2 the bail petition for name's sake. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, it is noticed that PW-10 Doctor Hari Prasad Lakwa is not found to have deposed before the court that he took any sample of urine or blood or any liquid lying in the stomach, hence, I, without expressing any opinion on the merits of the case but keeping in view all the facts and circumstances in totality, including the statements of PW-10 Doctor Hari Prasad Lakwa, do feel inclined to grant indulgence of bail to the accused petitioner and his third bail petition under the changed fact situation deserves to be allowed. 6. It is, therefore, ordered that the accused petitioner Bholu Ram S/o. Kishan in F.I.R. No. 12/2009 at police station Indragarh, District Bundi shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two surety bonds each in the sum of Rs. 25,000/-, to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. 7. However, it is made clear that in case, the petitioner is arrested in any other criminal case of alike nature, in future, the bail granted to the petitioner shall stand automatically cancelled without reference to this Court. A copy of this order be sent to the concerned trial court as also the concerned police station for their information. (MAHESH BHAGWATI),J. Mak/- s-7