1 S.B.CRIMINAL MISC.2nd BAIL APPLICATION NO.2272/2009 (Vijay Singh Vs. State of Rajasthan) Date of Order : : 24.04.2009 HON'BLE MR.H.R.PANWAR,J. Mr.B.S.Rathore, for the petitioner. Mr.Ashok Prajapat, Public Prosecutor for State. This is second bail application. Heard learned counsel for the petitioner and learned Public Prosecutor for the State. Perused the order impugned as well as challan papers. It is contended by learned counsel for the petitioner that the petitioner was connected with the crime on the basis of identification by three witnesses, namely, PW-5 Veera Ram, PW-11 Deva Ram and PW-12 Rawa Ram, who have now been examined by the trial court. PW-5 Veera Ram did not support the prosecution case and turned hostile. However, he stated in examination-in-chief as also in the cross-examination that accused-persons were shown by the police at the police station Rohida and their photographs as well and thereafter, they were taken to the jail for identification of the accused-persons. Similar statements are given by PW-11 Deva Ram and PW-12 2 Rawa Ram. According to learned counsel for the petitioner, it has been established by the prosecution itself that accused- persons were shown in the police station before identification parade. Apart from showing physically in the police station, the photographs of the accused were also given to them to remember at the time of identification in the jail. Learned Public Prosecutor submits that apart from this, there is evidence of recovery of key of Bolero vehicle. Learned counsel for the petitioner submits that it cannot be said that key recovered at the instance of the petitioner is the key of the vehicle which is used in commission of the crime. Having regard to the facts and circumstances of the case and keeping in view the fact that all the three witnesses of the identification have not supported the case of the prosecution, without commenting on the merit of the case, 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 Vijay Singh S/o Jabbar Singh be released on bail in FIR No.124/2006, P.S. Rohida, District Sirohi provided he executes a personal bond for a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs.10,000/- each to the 3 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