1 S.B.Cr.Misc. Bail App. No.953/2008 (Kalu Ram Vs. State of Rajasthan) Date of order : March 12, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.Mahesh Thanvi, for the petitioner. Mr.J.P.S.Choudhary, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and the police investigation diary. It is contended by learned counsel for the petitioner that the allegation of causing gunshot injury is against co-accused Bharat Bagarwa and the gun has also been recovered from him It is further contended by learned counsel for the petitioner that nothing has been recovered from the present petitioner and the petitioner was not armed with gun. I have carefully gone through the statement of Chena Ram, who has stated that co-accused Bharat Bagarwa came along with 25 persons in three vehicles and Bharat Bagarwa fired a gunshot causing injury to Thana Ram on his shoulder. However, he has stated that petitioner Kalu Ram fired the gunshot on dumper breaking glass. According to learned counsel 2 for the petitioner, no injury has been caused by the petitioner to anyone and nothing has been recovered from him. Be that as it may, having regard to the facts and circumstances of the case and taking into account the oral arguments advanced by both the parties, I consider it just and proper to enlarge the accused petitioner on bail. Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Kalu Ram s/o Rupa Ram be released on bail in CR. No.219/2007, P.S. Pipar City, Distt. Jodhpur provided he furnishes a personal bond in 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. m.asif/-