Cr Bail 5056/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench *** Cr. Msc. 3rd Bail Appl. No.5056/2009 Shri Kishan & Mithya @ Mithalal Versus State Date of Order ::: 14/10/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Pankaj Gupta, for applicants Mr. Mahendra Meena, Public Prosecutor for State. 1st Bail Appl.No.8569/2007 filed by petitioners was dismissed vide order dt. 15/02/08 on the specific premise of they being named in statements of injured & independent witnesses (Prahlad, Tunda & Ram Chandra) recorded U/s 161, CrPC. 2nd Bail Appl. No.3811/2008 was also rejected vide order dt. 29/05/08. Hence petitioners have filed instant 3rd bail application. Counsel submits that during trial, almost all injured witnesses of the incident have been examined and their statements namely Nandu (Pw5), Prahlad (Pw4), Harinarain (Pw3) & Tunda (Pw2) were recorded and none of them have named present petitioners while having made general statement but nothing has been attributed to the present petitioners. Counsel further submits that for self same alleged incident, cross case was also Cr Bail 5056/09 //2// registered against complainant party for offence U/s 307, IPC, which is also pending trial. Counsel further submits that other alleged eye witness (Ram Chandra) despite ample opportunity afforded, as it reveals from order sheets, for one reason or the other, have not turned up while petitioners herein are in judicial custody since 23/07/07 and the trial may take its own time to conclude. Learned Public Prosecutor on the other hand submits that there are certain witnesses yet to be examined and it cannot be considered at this stage as to what will be the effect but he is unable to controvert in regard to statements of afore-named injured witnesses recorded during trial; and it has also not been disputed that criminal case U/s 307, IPC has been registered against complainant party and is also pending trial. Taking into consideration all the facts & circumstances and without expressing any opinion on merits, this Court deems it proper to allow instant bail application U/s 439, CrPC. Accordingly it is ordered that applicants Cr Bail 5056/09 //3// (Shri Kishan & Mithya @ Mithalal) be released on post-arrest bail U/s 439 CrPC in FIR-150/2007 registered at PS Kolva (Dausa) for offences alleged provided each of them furnishes personal bond of 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 whenever called upon to do so. (Ajay Rastogi), J. K.Khatri/p.3/5056Cr3rdBail-09-439Oct14.doc