1 of 2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT J O D H P U R ::: ORDER In S.B. Cr. Misc. Bail Application No.3802/2009 Hadman Ram v. State of Rajasthan ::: Date of Order: 24th July, 2009 ::: P R E S E N T HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Mr J.S. Choudhary, for the petitioner Mr Anees Bhurat, Public Prosecutor for the State ::: By the Court: Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the relevant material/case diary made available to me during the arguments of the case. Learned counsel for the petitioner argued that the FIR is registered by eye-witness Kishore Ram, who was injured also. As per contents of the FIR, head injury on the person of deceased Hari Ram was inflicted by Shanker, who is not before this Court; injury on the person of injured Kishore Ram was inflicted by one Mangi Lal and present petitioner; co-accused Mangi Lal has already been released on bail; as per post mortem report cause of death is due to head injury; the petitioner is in judicial 2 of 2 custody; the charge-sheet has already been filed in the case and case of present petitioner is distinguishable from case of co-accused Shanker; therefore, petitioner may be released on bail. Learned counsel for the State as well as learned counsel for the complainant, both opposed the bail application. From the contents of FIR as well as statements of Kishore Ram, Ugram Ram and Mansukh Ram, who are eye-witnesses, it appears that the fatal injury on the person of deceased Hari Ram was inflicted by Shanker. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I think it just and proper to release the accused-petitioners, namely, Hadman Ram s/o Ramchandra, presently confined in District Jail, Nagaur on bail under Section 439 Cr.P.C., in C.R. No.11/2009, Police Station- Kuchera, District- Nagaur, registered under Secs.147, 148, 149, 341, 323, 324, 325, 307, 302, IPC and secs.27 & 30 of the Arms Act, provided he furnishes a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) together with one surety of the like amount to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. This bail application is allowed accordingly. (NARENDRA KUMAR JAIN), J. mma