1 S.B. Criminal Misc. II Bail Application No.2295/2007 Date : 16.07.2007 HON'BLE MR. SATYA PRAKASH PATHAK, J. Mr. Mridul Jain for the applicants. Mr. L.R. Upadhyaya, Public Prosecutor. I have heard learned counsel for the applicants as well as the learned Public Prosecutor for the State and carefully gone through the impugned order. Learned counsel for the applicants submits that wife of deceased Rampuri in her statement has stated that a 'Lathi' blow was inflicted on the head of the deceased. According to the learned counsel, this injury has been considered to be fatal, therefore, as far as another accused applicant Krishna is concerned, his matter requires to be considered for bail as another co-accused has already been granted bail by this Court. On the other hand, learned Public Prosecutor has opposed the bail application and submitted that accused persons assembled and encircled the deceased and thereafter gave 2 beatings and on account of that the deceased has died sustaining head injury. I have considered the submissions made before me. Taking into consideration the overall facts and circumstances of the present case, without expressing any opinion on the merit of the case, I deem it just and proper to enlarge the accused applicant No.2 Krishna. Accordingly, the bail application filed on behalf of applicant Krishna under Sec. 439 Cr.P.C. is allowed and it is directed that applicant Krishna s/o Jaisaram shall be released on bail in FIR No.276/2005 P.S. Nohar, District Hanumangarh provided he executes a personal bond in the sum of Rs.30,000/- with two sound and solvent sureties in the sum of Rs.15,000/- 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. The bail application of applicant No.1 Jagdish s/o 3 Jaisaram stands rejected. (SATYA PRAKASH PATHAK), J.