1 S.B. CRIMINAL MISC. II BAIL APPLICATION NO.3671/06 (Ghamanda Ram Vs. State) Date of order : 05.01.2007 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. V.K. Vyas, with Mr. M.K. Dudi, for the applicant. Mr. JPS Choudhary, Public Prosecutor. I have heard learned counsel for the applicant as well as learned Public Prosecutor for the State and carefully gone through the statement of prosecution witnesses. It is contended by learned counsel for the applicant that first bail application was rejected by this Court vide order dated 1.6.2006 while observing that the petitioner shall be at liberty to move fresh bail application after recording the statement of 'motbirs'. Learned counsel for the applicant contended that statements of motbirs and other prosecution witnesses have been recorded and most of the prosecution witnesses have turned hostile before the court including 'motbirs namely PW/2 – Kailash and PW/8 – Sohanlal. Likewise, some other prosecution witnesses have also turned hostile. The applicant is behind the bars since 16.11.2005. Taking into consideration the facts and circumstances of the case and without expressing any 2 opinion on the merit of the case, I think it just and proper to enlarge the accused applicant on bail. Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the applicant Ghamanda Ram S/o Gena Ram shall be released on bail (in FIR No.450/2005 P.S. Nimbaheda) provided he executes a personal bond in the sum of Rs.50,000/- and furnishes two sound and solvent sureties in the sum of Rs.25,000/- each to the satisfaction of the 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 trial. This order will be subject to the condition that in case accused applicant commits any offence under the Act during the pendency of the present case then it will be open to the prosecution to move application for cancellation of the bail. (GOPAL KRISHAN VYAS), J. arun