1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 4th Bail Application No. 8167/2009 Govind vs. State of Rajasthan Dated : 14.10.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Neeraj Joshi, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of fourth bail application filed under Section 439 of Cr.P.C. by Mr. Neeraj Joshi Advocate on behalf of the applicant Govind pertaining to F.I.R. No. 303/2008 at police station Bhusawar, District Bharatpur, in the offence under Section 148, 323, 341, 452, 307 and 302 of IPC. 2. Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed the main accused person namely Udal, Yogesh and Attar Singh have already been enlarged on bail by the co-ordinate Bench. Learned counsel took me through the statements of prosecution witnesses PW-2 Sethi and PW-5 Ramjilal and contended that as per the statements of these witnesses neither the petitioner is alleged to have been armed with any deadly weapon nor is alleged to have caused any injury on the vital part of the deceased. On the other hand, PW-5 Ramjilal has deposed before the court that he assaulted upon Sethi only. He did not cause any injury to the deceased. The petitioner has been in custody since 02.01.2009. All the material witnesses of the prosecution have been examined during trial, hence, in view 2 of the facts and circumstances as also on the ground of parity, the petitioner may be granted indulgence of bail. 4. Learned Public Prosecutor has albeit, opposed the bail petition but fairly conceded that as per the statements of PW-5 Ramjilal, petitioner is alleged to have caused injuries only to the injured Sethi and not to the deceased Murari @ Madari. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, I, without expressing any opinion on the merits of the case but on the ground of parity, do feel inclined to grant indulgence of bail to the accused petitioner and the fourth bail petition deserves to be allowed. 6. It is, therefore, ordered that the accused petitioner Govind S/o. Shri Parsoli in F.I.R. No. 303/2008 at police station Bhusawar, District Bharatpur shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two surety bonds each in the sum of Rs. 25,000/-, to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI),J. Mak/- s-12