Full Judgment
1. Heard learned counsel for petitioner as well as learned Public Prosecutor and perused material made available to me during course of arguments.
2. Contention of learned counsel for petitioner is that petitioner was arrested along-with several other co-accused persons, since his case is identical and in fact it stands on better footings than that of co-accused Ram Kalyan, whose second bail application no.3505/2010 was allowed by a coordinate bench of this court vide order dated 13.01.2011 on consideration of fact that eye witness PW-7 Kalu Lal has stated that co-accused Ram Kalyan was having sword and inflicted injuries on the person of deceased Nand Behari by sword but according to statement of PW-3 Dr. Arun Sharma there was no injury found to have been caused by sword on the person of deceased Nand Behari. Reliance was placed on another statement of PW-8 Brij Raj, who is also an eye witness of the incident but he has not assigned any specific injury to have been caused by any particular weapon against co-accused Ram Kalyan. Learned counsel argued that case of petitioner is identical to that of co-accused Ram Kalyan, rather it stands on better footing than that of co-accused Ram Kalyan because PW-7 Kalu Lal has also stated that petitioner Ram Bharos too was having sword in his hand and caused injury by use of sword on the person of deceased Nand Behari, whereas, according to statement of Dr. Arun Sharma, who conducted postmortem on the body of deceased Nand Behari, there was no injury by sword. Similarly PW-8 Brij Raj also in his statement has not specifically assigned any injury by any particular weapon to the petitioner Ram Bharos. Learned counsel submitted that other witness, namely, PW-4 Prabhulal, PW-5 Mohan and PW-6 Kanhaiyalal have not supported the prosecution case and they have been declared hostile. Petitioner is in jail for last one and a half year and that trial is still likely to take a long because no presiding officer is posted in trial court. There is no other case ever registered against petitioner.
3. Learned Public Prosecutor opposed the bail application.
4. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to allow this bail application. It is therefore ordered that accused-petitioner, namely, Ram Bharos Son of Shri Ram Kalyan, Resident of Kanda-Fal-Kanwas, District Kota (presently confined in Central Jail, Kota) be released on bail under Section 439 Cr.P.C., in FIR No.42/2009, Police Station Sangod, Kota, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.
5. The bail application stands disposed of.