- (1.) HEARD learned counsel for accused petitioner as well as learned Public Prosecutor and with their assistance perused the material made available at the time of arguments.
(2.) COUNSEL for accused petitioner submits that co-accused Smt. Premwati has already been enlarged on bail by this Court in Bail Application No.1811/2012, vide order dated 19.03.2012. He further submits that a 'lathi' has been recovered from the petitioner as alleged, whereas cause of death is by firearm(Katta), which has been recovered from co-accused Pappu and even as per statement of one of the injured eye-witness Akash recorded under Section 161 Cr.P.C., petitioner cannot be booked for offence under Section 302 IPC. Learned Public Prosecutor opposed the bail application. Taking note of the submissions made (supra) and so also the material which has come on record, 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 (Ramgopal) be released on post-arrest bail under Section 439 Cr.P.C. in FIR No.214/2011, registered at Police Station Kolari, Dholpur, 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.;