SB Crlm 3rd bail Appl.No.8384/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.3rd BAIL APPLICATION NO.8384/2010. Devendra Tripathi Vs. State of Rajasthan Date of order : December 16, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Surendra Sharma for petitioner. Shri Mahendra Meena, Public Prosecutor for State. ****** Contention of the learned counsel for the petitioner is that petitioner is mentally retarded person and that there could be no truth in the allegation that he abated suicide of his wife. Petitioner's wife is also a mentally retarded person and she was under the treatment of Psychiatric. Petitioner is in jail since 23/7/2009 and that trial of the case has not progressed any further inasmuch as, even charges have not been framed against the petitioner so far. Petitioner when in jail became so sick that ultimately his one leg had to be imputed due to Gangrin. He has paralysis on the side of the body where he has one leg. Report of the Superintendent Central Jail, Kota was called for, who was directed to get the petitioner medically examined and submit report to the court. Learned Public Prosecutor submits that SB Crlm 3rd bail Appl.No.8384/10. 2 he has received the report in which, facts have been found to be correct. In view of above change of circumstances, now I deem it just and proper to enlarge the petitioner on bail. In the result, this third bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Devendra Tripathi S/o Shri Manmohan shall be released on bail in FIR No.1/2009 P.S. Itawa, District Kota for offence u/S.306 IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial. (MOHAMMAD RAFIQ), J. anil