Cr Bail 9133/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench *** Cr. Msc. Bail Appl. No.9133/2007 Shiv Dayal & (2) Ors. Versus State Date of Order ::: 27/02/08 Hon'ble Mr. Justice Ajay Rastogi Mr. BM Sharma, for applicants Mr. RP Kuldeep, Public Prosecutor for State Mr. Mukesh Pal for Mr. Anurag Sharma, for complainant. Heard learned counsel for applicant as well as for complainant and the learned Public Prosecutor and with their assistance, perused material made available on record at the time of arguments. Counsel inter-alia submits that in statements recorded of eye witnesses of Jitendra U/s 161 CrPC, accused Raghunath & Ramratan have been named for having inflicted lathi blow on the head of deceased (Jai Singh) whose post mortem report also corroborates the fact that injury No.1 on his head was the cause of death; and as regards present applicants, there is general allegation and there is no overt act attributed to either of them. Counsel also submits that as regards present applicants, their case is also identical to other co-accused who have been enlarged by this Court U/s 439, CrPC vide order dt.29/01/08 in Cr Msc.Bail Appl.No.7467/07 (Dhansingh & Ors)and dt.17/12/07 in Cr.Msc. Bail Cr Bail 9133/07 //2// Appl.No.5907/07 (Ramjeet) Counsel for complainant and learned Public Prosecutor jointly submit that these present applicants have actively participated in commission of alleged offence and father of the deceased has also named one of accused Shivdayal. Taking into consideration all the facts & circumstances appearing in post mortem report of deceased and statements of eye witnesses either Jitendra or Balbir, (supra), who named only two accused Raghunath & Ramratan; and so also taking note of fact of other co-accused (Ramjeet, Dhan Singh & Ors), having been enlarged on bail by this Court (supra), without expressing any opinion on merits, this Court considers it proper to allow this bail application U/s 439, CrPC. Accordingly applicants (Shivdayal, Data Ram & Vishambhar) be released on post-arrest bail U/s 439 CrPC in FIR-343/07 registered at police station Hindaun City (Karauli) for offences alleged provided each of them furnishes personal bond in a sum of Rs.50,000/- (fifty thousand) with two sureties each for Rs.25,000/- to the satisfaction of trial Court for their appearance before that court on subsequent dates of hearing and whenever called upon to do so. (Ajay Rastogi), J. K.Khatri/p.2/9133CrBail07-39.doc