- (1.) HEARD learned counsel for accused petitioner, complainant and Public Prosecutor and with their assistance perused the material made available at the time of arguments.
(2.) COUNSEL for accused petitioners submits that statement of injured-deceased Ramswaroop @ Shyopal itself was recorded under Section 161 Cr.P.C. and accused-petitioner was assigned inflicting injuries by 'lathi' on non-vital parts of the body of the deceased. It has come on record that after the statement of Ramswaroop was recorded under Section 161 Cr.P.C. on 05.09.2011, later on he died on 25.09.2011 because of septicemia and Section 302 IPC was added. Counsel further submits that co-accused Ramavtar and Chetram have already been enlarged on bail by this Court vide orders dated 21.03.2012 and 01.03.2012 respectively. Learned Public Prosecutor as well as Counsel for the complainant opposed the bail application. Taking note of the submissions made (supra) and so also the material which has come on record and also taking note of the statement of injured-deceased Ramswaroop @ Shyopal S/o Rodadas recorded under Section 161 Cr.P.C., later on died, but without expressing any opinion on merits, this Court considers it appropriate to allow post-arrest bail application of accused petitioner under Section 439 Cr.P.C. Accordingly, applicant (Mahendra) be released on post-arrest bail under Section 439 Cr.P.C. in FIR No.438/2011, registered at Police Station Bansur, District Alwar, for offences alleged, provided he furnishes personal bond in a sum of Rs.50,000/- (Rs. Fifty thousand) with two sureties each for Rs.25,000/- (Rs. Twenty five thousand) to the satisfaction of trial court for his appearance before that court on subsequent dates, whenever called upon to do so and will further furnish correct residential address along with contact number and so also change if any takes place, to the trial court. ;