S.B.CR.MISC. BAIL APPLICATION NO.3800/2008 (Lala @ Ganpat Lal Vs. State of Rajasthan) DATE OF ORDER : 28/7/2008 HON'BLE MR.BHANWAROO KHAN, J. Mr. BN Kalla, for the petitioner. Mr. S.K. Vyas, Public Prosecutor. Accused-petitioner Lala @ Banpat Lal is facing charge under Sections 302 IPC. Heard learned counsel for the parties. Learned counsel for the petitioner pleaded that there is a single injury by stone caused to the deceased and there is no other injury on the body of the deceased and also no one is eye-witness. Contrary to this, learned Public Prosecutor pleaded that there are two eye-witnesses, it is established that the accused-petitioner who was driver of Dumper had drunk with the deceased and took him while beating from the shop of Mohan Lal where Raju was sitting. At this juncture, it is not a fit case to enlarge the petitioner on bail. Accordingly, the bail application filed under Section 439 Cr.P.C. by petitioner-Lala @ Ganpat Lal is hereby dismissed with liberty to file afresh after recording the statement of Mohan Lal and Raju. (BHANWAROO KHAN)J. Rm/