1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.2947/2010 Hari Kishan Vs. State Date of order : 13/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri M.K. Kaushik for the petitioner. Shri Amit Punia, P.P. for the State. Shri Pankaj Gupta for the complainant. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State, learned counsel for the complainant and perused the relevant documents placed before me. Learned counsel for the petitioner has argued that the sole injury which has been sustained by the deceased at his shoulder, has not been opined to be the cause of death and even otherwise that injury was simple because no opinion has been given about the nature of that injury being grievous. In the opinion of the Medical Board, prima facie, the cause of death was indicated to be cardiac failure. It is contended that father of the petitioner and other witnesses in their statement under section 161 admitted to the fact that deceased Padam had undergone a surgery about five years ago for replacement of heart valve and since in the incident that took place, he had to run for about 2 kms., as a result of which, he died of cardiac attack. It is submitted that 2 petitioner has been in jail for almost two months and the investigation in the matter is complete, in which the investigating agency has proposed to file challan for offence under Section 304 IPC and the trial of the case is likely to take long time. Learned Public Prosecutor and learned counsel for complainant have opposed the bail application. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Hari Kishan S/o Gainda Ram shall be released on bail in F.I.R. No.59/2010, P.S. Bandikui, Distt., Dausa on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. (MOHAMMAD RAFIQ), J. RS/