- (1.) Heard learned counsel for the petitioner and the learned Public Prosecutor and perused the material available on record. Learned counsel for the petitioner submits that fatal injury has been attributed to co-accused Mangilal. No specific injury has been attributed to the present petitioner. The cause of death is head injury and head injury has not been attributed to the present petitioner and other injuries are in the nature of punctured wound, whereas the allegation of the prosecution is that the present petitioner was having lathi and hence from lathi punctured wound cannot be inflicted. He has further submitted that the recovery of lathi has been made from the petitioner, which was also not blood stained. Learned Public Prosecutor submits that the present petitioner was present at the scene of occurrence. He has been named in the FIR and he was the member of the lawful assembly and he has also inflicted injuries to the deceased.
(2.) Having gone through the facts and circumstances of the case and without expressing anything on the merits of the case and looking to the fact that no fatal injury has been attributed to the present petitioner and challan has been filed, I am inclined to grant bail under Section 439 Cr.P.C.
(3.) Accordingly, this bail application is allowed and it is directed that petitioner Chandu Ram @ Ram Chandra S/o Shri Chena Ram shall be released on bail in CR No.407/2011, P.S. Dungargarh, District Bikaner, provided he executes a personal bond for a sum of Rs.50,000/- along with two sound and solvent sureties in the sum of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.;