A.S. Godara, J. - (1.) Heard learned counsel for the petitioner as well as learned P.P. for the State.
(2.) The learned counsel for the petitioner while taking through the statements of PWs 1 to 6 submitted that all these so called eye-witnesses have been examined and none of them has supported the prosecution story thereby involving the accused-petitioner in the commission of alleged murder of the deceased whose identity also could not be established by the investigation agency. Further he submits that a lathi is alleged to have been recovered at the instance of the accused-petitioner but there were no blood stains on the same and, therefore, the same also could not be linked with the accused as well as the alleged murder. Therefore, he submits that, at present, accused-petitioners be granted bail.
(3.) The learned P.P. has opposed it on the ground that since trial is yet pending, without embarking upon the merits of the case and having regard to the totality of facts and circumstances, it is just and proper to accept this petition.;