1 S.B.Cr.Misc. Bail App. No. 2607/07 (Jagdish Vs. State of Rajasthan) Date of order : 23/08/2007 HON'BLE MR.H.R.PANWAR, J. Mr. R.K.Charan for the petitioner. Mr. V.R.Mehta, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and challan papers as also the statement of prosecution witnesses. It is contended by learned counsel for the petitioner that the allegation against the present petitioner is that a rope and clothes were recovered from him. Learned counsel further submits that similarly situated co-accused Vardhichand has been granted bail by order dated 10.8.2007 by a Coordinate Bench of this Court from whom it was alleged that knife, mobile, clothes etc. were recovered. The witnesses to the recovery PW-16 and PW-17 did not support the case of the prosecution and turned hostile. It is further contended by counsel for the petitioner that the witnesses to the last scene PW-12 and PW-14 also did not support the prosecution case and turned hostile. Looking to the facts and circumstances of the case and the fact that similarly situated co-accused Vardhichand has been granted bail vide order dated 10.8.2007 by a Coordinate Bench of this Court in S.B.Cr. II Bail Application No.3784/07 and the petitioner is similarly situated, having considered the oral arguments advanced by both the 2 parties, I think it just and proper to enlarge the accused petitioner on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Jagdish S/o Mohan Lal be released on bail in FIR No. 37/06 P.S. Dungla, district Chittorgarh provided he 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 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. RP