SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the applicant(s) and learned PP for the State.

(2.) During the trial the brother-in-law of the deceased Laxman PW/1 Nanji has been examined. He does not implicate the petitioner. The mother of the deceased PW/3 Smt. Keshar also does not implicate the petitioner. They are not hostile witnesses. PW/4 Veerji has deposed that the petitioner Suresh just pushed him. He does not say that any injury to the deceased was caused by Suresh. Similarly, PW/6 Natha does not say that any injury by the petitioner was caused to the deceased. Witnesses have attributed the injuries to the co-accused Gautam. The learned counsel submits that Gautam is already on bail.

(3.) In the facts and circumstances of this case the bail application under Sec. 439 Cr.RC. is allowed and it is ordered that the applicant(s) Suresh S/o Gautam, R/o Paat Navaghra, RS. Anand Puri, District Banwara be enlarged on bail provided he furnishes a personal bond in the sum of Rs. 10,000.00 with two sureties of Rs. 5,000.00 each to the satisfaction of the learned trial Judge/Magistrate for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. Bail application allowed.