CRLMB4085/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4085/2010 Manoj Kumar Vs. State of Rajasthan Date of Order ::: 07.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Jai Raj Tantia, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### 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. Contention of learned counsel for petitioner is that main allegation of causing fatal injury by 'lathi' on the person of deceased is against Babu. There is no specific allegation against accused- petitioner of causing any injury on any person except that he was present at the scene of occurrence. This argument was raised before this court and the Court was persuaded to grant bail during trial to co-accused Bunti vide order dated 31.03.2010 in S.B. Criminal Misc. Bail Application No.2483/2010 and another co-accused Smt. Barfi vide order dated 09.02.2010 in S.B. Criminal Miscellaneous Bail Application No.1147/2010. The petitioner was arrested on 26.09.2009; there is no other case pending against the petitioner; challan has already been filed; trial of the case is likely to take a long. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it CRLMB4085/2010 // 2 // just and proper to release the accused-petitioner, namely, Manoj Kumar Son of Shri Mohan Singh on bail under Section 439 Cr.P.C., in FIR No.375/2009, Police Station Sevar, District Bharatpur, under Sections 323, 341, 302, 34 IPC and Section 3(1)(x) (2)(v) of the SC/ST Act, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each 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. (Mohammad Rafiq) J. //Jaiman//