1. - Heard learned counsel for the petitioner, learned Public Prosecutor and have also perused the case diary.

2. Learned counsel for the petitioner submits that fatal injuries on the person of the deceased were caused by co-accused Hari Singh and not by the petitioner. It is further contended that as per the police statement of alleged eye witness Boop Singh, the deceased was beaten up by the petitioner with fists. As per the police statement of another alleged eye-witness Ms. Manoj no injury was caused by the petitioner to the deceased. Therefore, the application be allowed. PP has opposed the application.

3. Considering the above submissions and after having gone through the police statements of the aforesaid witnesses, I am inclined to release the petitioner on bail u/s. 439 of the Code of Criminal Procedure.

4. It is, therefore, ordered that petitioner Yad Ram s/o Shri Harchan be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand only) with two sureties of Rs. 5000/- each to the satisfaction of the trial court with the stipulation to appear in the Court as and when called upon to do so during the pendency of the trial against him in the case arising out of FIR No. 731/2003 RS. Kotputli, District Jaipur.Application allowed.

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