IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 5973/2009 Hukum Singh @ Hukma vs. State of Rajasthan Dated : 18.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Anurag Sharma, for the petitioner. Mr. Amit Poonia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Anurag Sharma Advocate on behalf of the applicant Hukum Singh @ Hukma pertaining to F.I.R. No. 153/2008 at police station Kumher, District Bharatpur, in the offence under Section 302, 201 and 34 of IPC. 2. Heard the learned counsel for the petitioner and learned Public Prosecutor appearing for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that the statements of 13 prosecution witnesses have been recorded by the learned trial court. All the witnesses of last scene evidence have not supported the prosecution case and they have turned hostile. Even the statement of PW-7 Sushil does not support the prosecution nor fastens the petitioner. Though, he has stated that the petitioner Hukum Singh also had come on motor-cycle on the spot but no identification parade was conducted by the police during investigation. Learned counsel further contended that co-accused Jasveer of this case, has already been enlarged on bail by the co-ordinate Bench and the case of the petitioner is similar to that of the co-accused, hence, on the ground of parity, he may also be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record including the statements of the material witnesses, I, without expressing any opinion on the merits of the case, considered it just and proper to grant bail to the petitioner. 8. It is, therefore, ordered that the accused petitioner Hukum Singh @ Hukma S/o. Shiv Charan in F.I.R. No. 153/2008 at police station Kumher, District Bharatpur shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- together with two surety bonds each in the sum of Rs. 15,000/- 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/- 15