Cr Bail 6791/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench *** Cr. Msc. Bail Appl. No.6791/2007 Foji @ Sabbir Mohd. Versus State Date of Order ::: 12/02/08 Hon'ble Mr. Justice Ajay Rastogi Mr. S.S.Sunda, for applicant Mr. RP Kuldeep, Public Prosecutor for State. Heard learned counsel for applicant as well as learned Public Prosecutor and with his assistance, perused material made available on record at the time of arguments. Counsel inter-alia submits that for alleged incident of 13/05/07, report was lodged by brother of deceased on 21/05/07 on which FIR- 133/07 was registered foroffence U/Ss 302, 143, & 120-B, IPC at police station Kishangarh Bas (Alwar) and during investigation, statements were recorded of one Jafaru s/o Khanmal, who made extra judicial confession in front of prosecution witnesses that their services were hired by accused applicant to kill the deceased and being main culprit, charge was also framed against him as well; but during trial, complainant Niyaz who is brother of deceased and all prosecution witnesses who were examined (PW2,Pw3, Pw4, Pw8 & Pw9 & Pw10) before whom the alleged extra judicial confession was made, all have been declared hostile – in absence whereof, there is no evidence available on record even after the trial which is at progress, to connect the applicant , which may allege that he is main Cr Bail 6791/07 //2// perpetrator, who hired services of other accused for the alleged incident. Public Prosecutor submits that even in absence of prosecution witnesses who have been declared hostile still there is evidence on record which connect present applicant with the alleged crime and being main perpetrator in the challan papers even in the event of aforesaid witnesses being declared hostile. Taking into consideration all the facts & circumstances, and without expressing any opinion on merits, this Court considers it proper to allow this bail application U/s 439, CrPC. Accordingly applicant (Foji @ Sabbir Mohd.) be released on post-arrest bail U/s 439 CrPC in FIR- 39/07 registered at PS Kishangarh Bas (Alwar) for offences alleged, provided he 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 his appearance before that court on subsequent dates of hearing and whenever called upon to do so. (Ajay Rastogi), J. K.Khatri/p.2/6791CrBail07-39.doc