1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Third Bail Application No. 9975/2010 Banwari Lal Vs State of Rajasthan through PP 2.11.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr Ashwin Garg - for the petitioner Mr GS Fauzdar, PP – for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that this third bail application has been moved on recording statements of material witnesses. Specific allegations have not been made by the deceased's son in his statement. Death, otherwise, took place after a period of three months from the date of occurrence. Deceased was discharged from the hospital and much subsequent to it he died. Looking to the aforesaid and statements of other witnesses, petitioner is entitled to be granted bail more so when co-accused have been enlarged on bail. Petitioner is behind bars for the last one year. Hence, petitioner may be enlarged on bail. Learned Public Prosecutor has opposed the bail application. After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that petitioner deserves to be enlarged on 2 bail. Accordingly, bail application is accepted and it is directed that accused-petitioner namely; Banwari Lal may be enlarged on bail under section 439 CrPC in FIR No. 142/2009 registered at Police Station – Bassi, Jaipur for offence under Section/s 323/149, 325 alternatively 325/149, 307 alternatively 307/149 and 302 alternatively 302/149 IPC provided he furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (MN BHANDARI), J. bnsharma