Cr Bail 784/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench Cr. Msc. Bail Appl. No.784/2008 Daulat Ram @ Daula Versus State Date of Order ::: 18/02/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Anoop Dhand, for applicant Mr. RP Kuldeep, Public Prosecutor for State. Heard learned counsel for applicant as well as learned Public Prosecutor and with his assistance, perused material made available on record at the time of arguments. Counsel inter-alia submits that statements of alleged eye witnesses (Manoj Battar, Baldev & Bhanwarlal) which were initially recorded U/s 161 CrPC on 05-07/04/06 whose supplementary statements recorded on 22/05/06, depict name of present applicant but there is no overt-act alleged and no recovery has been made from him, and in supplementary statement recorded on 22/05/06, Manoj Battar alleged that present applicant was driving vehicle in question, and what has been alleged in supplementary statement cannot be said to be reliable particularly when the informant who was the eye witness has not named present applicant in his statement recorded U/s 161 CrPC on 07/04/06. Counsel also submits that as regards other co-accused Kishore Nehra, Cr Bail 784/08 //2// Jhabarmal who have been named by witness Manoj Battar and Bhanwarlal in statement U/s 161, CrPC. However this Court has considered bail application of aforesaid co-accused and they have been released on bail by this Court vide order dt.30/11/06 in Cr. Msc. Bail Application No.6818/06. Counsel also submits that challan has been filed; present applicant is in judicial custody since 01/07/06 and no investigation is required to be made from him; charges have not been framed so far and the trial may take its own time Taking into consideration all the facts & circumstances and the fact that charge has not yet been framed, and without expressing any opinion on merits, this Court considers it proper to allow this bail application U/s 439, CrPC. Accordingly applicant (Daulatram @ Daula) be released on post-arrest bail U/s 439 CrPC in FIR- 144/2006 registered at police station Kotwali (Sikar) for offences alleged provided he furnishes personal bond in a sum of Rs.50,000/- (fifty thousand) with two sureties each for Rs. 25,000/- to the satisfaction of trial Court for his appearance before that court on subsequent dates of hearing and whenever called upon to do so. (Ajay Rastogi), J. K.Khatri/p.2/784CrBail08-39.doc