S.B.CR. MISC. BAIL APPLICATION NO.7520/2008 NARAYAN VS. STATE OF RAJ. 23.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. NA Naqvi, for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State. Mr. SP Poshwal for the complainant. This order governs the disposal of bail application filed under Section 439 of Cr.P.C by Shri NA Naqvi, Advocate on behalf of the applicant Narayan pertaining to F.I.R. No. 301/2008 of Police Station Bayana, District Bharatpur in the offences under Sections 147, 148, 149, 302, 307, 326, 323, 341, of IPC. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. The learned counsel for the petitioner has contended that he is in no way connected with the commission of the offence in the instant case. While drawing my attention to the statements of the injured witnesses, the learned counsel has submitted that even in the statements of Charan Singh, Rambabu, Sanjay and Banwari no overtact of Narayan has been enumerated as per the statements of these witnesses, his mere presence is found to be on the place of occurrence. The witnesses have attributed the injuries to other accused persons specifically but so far as the accused Narayan is concerned, his no role relating to causing any injury to any injured or deceased has been ascribed to. The co-accused persons Hariom and Devkinandan have already been enlarged on bail by the Coordinate Bench, the case of the petitioner is on a better footing to their case. The challan in this case has been filed by the police and the trial is likely to take time, as such keeping him in custody shall not serve any purpose, as such he may also be released on bail. -2- The learned counsel for the complainant inspite of his best efforts, failed to apprise this Court as to how the petitioner Narayan was involved in causing any injury to injured or to the deceased who succumbed to injuries. The learned Public Prosecutor appearing for the State has opposed the bail petition. Having considered the submissions advanced by both the parties and scanned the relevant material on record, including the statements of the injured witnesses, without expressing any opinion on the merits of the case, I feel inclined to grant bail to the accused petitioner under Section 439 Cr.P.C. It is, therefore, ordered that the accused petitioner Narayn S/o Shri Revti, in FIR No.301/2008, Police Station Bayana, District Bharatpur shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rs.fifty Thousand) together with two surety bonds each of Rs.25,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. PCG