1 S.B.Cr.Misc. Bail App. No. 4029/07 (Lalu @ Lalia Vs. State of Rajasthan) Date of order : 23/08/2007 HON'BLE MR.H.R.PANWAR, J. Mr. R.K.Charan for the petitioner. Mr. V.R.Mehta Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and challan papers. It is contended by learned counsel for the petitioner that similarly situated co-accused Shyama was tried and has been acquitted by judgment and order dated 9.9.2002 passed by Additional Sessions Judge (Fast Track), Chittorgarh in Sessions Case No.63/2001. Learned counsel for the petitioner has read the statement of doctor PW-7 Rajendra Kumar who conducted the autopsy of the deceased. On the strength of the statement of doctor, learned counsel for the petitioner contended that the injuries were anti mortem and have been suffered by the deceased in a train accident. On careful perusal of the judgment and order dated 9.9.2002 it appears that the trial court concluded that it was a case of train accident. Be that as it may, looking to the facts and circumstances of the case, having considered the oral arguments advanced by both the parties, I think it just and proper to enlarge the accused petitioner on bail. 2 Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Lalu @ Lalia S/o Ganga Ram be released on bail in FIR No. 388/96 P.S. Chanderia, district Chittorgarh, provided he executes a personal bond for a sum of Rs. 20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR), J. RP