1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7104/2010 Sanjay Vs. State Date of order : 27/7/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Harendra Singh for the petitioner. Shri Amit Punia, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that in the present case not only informant PW-2 Neeraj has turned hostile and not supported the prosecution version as disclosed in the First Information Report, but also the other eye witnesses PW-1 Smt. Anita, PW-3 Krishna Gopal, PW-4 Smt. Kamla and PW-6 Chandra Shekhar have turned hostile. PW-7 Krishna Kant and PW-9 Surendra, the other two witnesses of site plan and inquest memo have also turned hostile. The entire prosecution case has thus collapsed. The petitioner is in jail for last more than one year. There is every likelihood of he being acquitted. Learned Public Prosecutor has though opposed the bail application, but is not in a position to dispute the factual correctness of the submissions made by learned counsel for the petitioner. 2 Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Sanjay S/o Krishan Gopal shall be released on bail in F.I.R. No.277/2009, P.S. Mantown, Distt. Sawaimadhopur for offence u/s.302 of IPC and u/s. 3/25 of Arms Act on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/