1 of 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT J O D H P U R ::: ORDER In 1] S.B. Cr. Misc. Bail Application No.3217/2009 Ram Singh & others v. State of Rajasthan 2] S.B. Cr. Misc. Bail Application No.3249/2009 Pappu @ Sohan Singh & others v. State of Rajasthan ::: Date of Order: 15th July, 2009 ::: P R E S E N T HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Mr Rajendra Charan, for the petitioners Mr Anil Joshi, Public Prosecutor for the State Mr T.R. Sodha, for the complainant ::: By the Court: Heard learned counsel for the parties. Both these bail applications arise out of FIR No.36/2009 of Police Station- Gulabpura, District- Bhilwara; hence, both these applications are being disposed off by this common order. So far as Bail Application No.3249/2009 filed on behalf of Pappu @ Sohan Singh, Mahaveer and Amar Singh is concerned, learned counsel for the 2 of 3 petitioners has fairly and frankly did not press their bail application at this stage and prays that they may be granted liberty to file fresh application after recording of statement of the prosecution witness Hanuman Singh. The prayer appears to be reasonable, hence, the bail application No.3249/2009 filed by Pappu @ Sohan Singh, Mahaveer and Amar Singh is dismissed as not pressed, with the liberty prayed forf. The trial court is directed to record statement of prosecution witness Hanuman Singh on priority basis. So far as Bail Application No.3217/2009, filed by Ram Singh, Kamal @ Kamalendra Singh and Lala @ Ashok Kumar is concerned, learned Public Prosecutor does not dispute that their names have not been taken by the prosecution witness Hanuman Singh in his statements recorded under sec.161 CrPC and as such, prima facie, there is no evidence of 'last seen' against them at this stage. The charge sheet has been filed in the matter. In these circumstances, without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioners, namely, 1] Ram Singh, 2] Kamal @ Kamalendra Singh and 3] Lala @ Ashok Kumar on bail under Section 439 Cr.P.C., in F.I.R. No.36/2009, Police Station Gulabpura, District- Bhilwara registered under Sec.302, 148, 149 & 201, IPC provided each of them furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) together with one surety 3 of 3 of the like amount to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. This bail application is allowed accordingly. (NARENDRA KUMAR JAIN), J. mma