1 S.B.Cr.Misc. IInd Bail App. No.424/2008 (Gopi Lal Vs. State of Rajasthan) Date of order : February 05, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.R.K.Charan, for the petitioner. Mr.Narendra Moolchandani, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned. It is contended by the learned counsel for the petitioner that P.W.7 Shyam Lal, the author of the FIR and the son of the deceased and PW.8 and PW.6 Narayan and Bhagwan Lal respectively, who are injured eye-witnesses did not support the prosecution case and even did not identify the petitioner as assailant. In para 5 of the impugned order, the trial court noticed that the material witnesses have not supported the prosecution case. Having regard to the facts and circumstances of the case and the fact that the eye-witnesses including the son of the deceased did not support the prosecution case, I consider it just and proper to enlarge the accused petitioner on bail. 2 Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Gopi Lal s/o Vaina be released on bail in FIR No.01/2007, P.S. Nikumb, Distt. Chittorgarh 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/-