1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Misc. Bail Application NO.3618/09 Chandan Mal Vs. State of Rajasthan Date of order :: 27th July, 2009 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr.Sikandar Khan, for the petitioner. Mr.Aneesh Bhurat,P.P. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. Learned counsel for the petitioner argued that the petitioner is in judicial custody since 21.4.2009, investigation is complete and charge-sheet has been filed in the case. As per statement of eye witnesses Narayan Lal and Smt. Anachi Devi, the fatal injury on the person of deceased Kanaram was inflicted by the co-accused Kailash who has already been arrested and he has not moved his bail application before this court. The deceased as well as the accused petitioner both are the real brothers therefore, looking to the facts and circumstances of the case, the petitioner may be released on bail. Learned Public Prosecutor admits the above 2 facts narrated by the learned counsel for the petitioner including the fact that fatal blow on the person of the deceased was inflicted by the co-accused Kailash and case of present petitioner is distinguishable. 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 namely Chandan Mal S/o Gordhan Ram, be released on bail under Section 439 Cr.P.C.,in FIR No.84/09 Police Station Dangiyawas,District Jodhpur Rural registered under Sections 302, 323 and 34IPC 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 on all subsequent dates of hearing and as and when called upon to do so. The bail application stands allowed. (NARENDRA KUMAR JAIN), J. ns.