1 S.B.Cr.Misc. Bail App. No. 6007/2007 (Om Prakash & Anr. Vs. State of Rajasthan) Date of order : 06/02/2008 HON'BLE MR.H.R.PANWAR, J. Mr. Sumer Dan for the petitioners. Mr. L.R.Upadhyay, Public Prosecutor. Heard learned counsel for the petitioners and the Public Prosecutor for the State. Perused the order impugned and the police investigation diary. It is contended by learned counsel for the petitioners that the petitioners have not been named in the FIR as well in the statement of deceased Thakra Ram. Learned counsel further submits that similarly situated co-accused Rajesh, Ganpat Lal, Kistura Ram and Karan Singh have been granted bail by Co-ordinate Bench of this Court vide orders dated 17.8.2007, 02.08.2007 and 23.7.2007 in S.B.Cr. Misc. Bail Application No.3644/07, S.B.Cr. Misc. Bail Application No. 3911/07, S.B.Cr. Misc. Bail Application No.3325/07 and S.B.Cr. Misc. Bail Application No.3265/07. Learned public prosecutor submits that witness Sharda implicates the petitioners. I have carefully gone through the statement of witness Sharda recorded by Judicial Magistrate, Raniwada, district Jalore under Section 164 Cr.P.C. on 10.8.2007. In her whole of the statement, the petitioners have not been named. Even otherwise, in her statement, she categorically stated that it was a dark and therefore, she could not 2 see the faces of any of the assailants, even by their voice, she could not recognize. Thus, in my view, the statement of Sharda at any rate do not implicate the present petitioners. Looking to the facts and circumstances of the case and having considered the oral arguments advanced by both the parties, without commenting on the merit of the case, I think it just and proper to enlarge the accused petitioners on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioners Om Prakash S/o Shri Jagmal Ram and Kamal Kishore S/o Shri Hari Ram be released on bail in CR No. 137/07 P.S. Bhinmal (Jalore) provided each of them executes a personal bond for 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 their 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. RP