1 S.B.CRIMINAL MISC.2ND BAIL APPLICATION NO.4545/2008 (Ashiq Ali Vs. State of Raj.) Date of Order : : 18.08.2008 HON'BLE MR. JUSTICE H.R. PANWAR Mr.S.S.Jodha, for the petitioner. Mr.Ashok Upadhyay, PP for the State. This is second bail application filed by the petitioner Ashiq Ali. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the order impugned as also the challan papers and statements of the prosecution witnesses more particularly PW-3 and PW-5. It is contended by learned counsel for the petitioner that similarly situated co-accused, namely, Hasan Ali, Shokat Ali, Tayab Hussain @ Nikka and Mohd. Hussain have already been granted bail by this Court in S.B.Criminal Misc.3rd Bail Application No.2044/2008, S.B.Criminal Misc. Bail Application no.2864/2006, S.B.Criminal Misc.5th Bail Applictaion No.5707/2006 and S.B.Criminal Misc.2nd Bail Application No.2638/2005 respectively and the case of the present petitioner is on the same footing. Learned counsel submits that Hasan Ali and Shokat Ali caught hold the deceased-Raju and thereafter, Aqueel fired gun causing gun-shot injury, which subsequently found proved fatal. 2 Having considered the totality of facts and circumstances of the case as also the fact that no overtact has been assigned to the present petitioner whereas the person to whom overtack has been assigned i.e. Hasan Ali has already been granted bail by co-ordinate Bench of this Court and the case of the present petitioner is not distinguishable from that co- accused, I think it just and proper to enlarge the accused- petitioner on bail. Accordingly, this second bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Ashiq Ali S/o Nizamuddin Shah be released on bail in FIR No.190/2005, P.S. City Kotwali, Bhilwara provided he executes a personal bond in 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. NK