// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3333/2009 {Nimba Ram Versus The state of Rajasthan} Date of Order ::: 21st July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri J.S. Choudhary, counsel for the petitioner Shri Anees Bhurat, PP for the State of Rajasthan Shri P.R. Choudhary, counsel for the complainant #### By the Court: Heard learned counsel for the petitioner(s), learned counsel for the complainant as well as learned Public Prosecutor and perused the relevant material made available to me during the arguments of the case. The learned counsel for the petitioner submits that investigation in the present case is complete and challan has already been filed; the cause of death of deceased Kana Ram is multiple injuries, which have been attributed to all the accused persons; four co-accused persons namely: Hadman Ram, Kesaram, Deva Ram and Mahendra, who are similarly situated with the petitioner, have already been granted bail by the trial court itself, therefore, case of present petitioner be also considered for grant // 2 // of bail being similarly situated with co-accused persons. The learned Pp as well as learned counsel for the complainant, both, could not controvert the submissions of learned counsel for the petitioner that cause of death of deceased is multiple injuries, which have been attributed to all the accused persons. In these circumstances, I am satisfied that case of petitioner is also similar with that of co- accused persons, who have been granted bail. 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 Nimba Ram S/o Hadman Ram, be released on bail under Section 439 Cr.P.C., in C.R. No. 123/08, Police Station Bhopalgarh, registered under Section(s) 147, 148, 341, 323, 326, 302/149 IPC, provided he furnishes a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) together with one surety of the like amount to the satisfaction of the trial court for his appearance before that Court on all subsequent dates of hearing and as and when // 3 // called upon to do so. (NARENDRA KUMAR JAIN), J. //DK//