// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3525/2009 {Kesa Ram Vs. The State of Rajasthan} Date of Order ::: 22nd July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri J.S. Choudhary, Counsel for petitioner Shri Ashok Prajapat, PP for the State #### By the Court: Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. It is contended on behalf of the petitioner that the petitioner is in judicial custody since 20th January, 2009; the investigation is complete and challan has been filed in case; nothing is to be investigated, recovered or interrogated from the petitioner; the trial of the case is likely to take time. The contents of the first information report and the statement of the prosecution witnesses are referred and read during the course of arguments and on that basis it is contended that deceased Jeha Ram was murdered by committing accident with the vehicle being driven by Bhanwarlal, who appears to be // 2 // the principal accused as per the charge-sheet and has been arrested and is in custody. It is further contended that so far as present petitioner is concerned, his name was not even mentioned in the first information report, therefore, looking to all the facts and circumstances of the present case the accused- petitioner may be released on bail. Learned Public Prosecutor opposed the bail application contending that during investigation the petitioner was identified by one of the prosecution witnesses. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, Cr.P.C. Hence, it is directed that accused- petitioner Kesa Ram S/o Lumba Ram, R/o Hudo-Ki- Dhani, Police Station Baitu, District Barmer (presently lodged at District Jail, Barmer) be released on bail under Section 439 Cr.P.C., in F.I.R. No.8/2009, registered at Police Station Gida (Barmer) under Section 302/34, I.P.C., provided he furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand // 3 // 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. The bail application stands disposed of. (NARENDRA KUMAR JAIN), J. //Jaiman//