JUDGMENT

Kuldeep Mathur, J. - This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.59/2022, Police Station Palri-M, Sirohi for the offence under Section 302 IPC.

2. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.

3. Learned counsel for the petitioner submitted that the petitioner and the deceased both drank liquor together and scuffled. The deceased suddenly fell down and received injury by falling on stone and died after six days from the date of the incident. There was no previous enmity between the petitioner and the deceased and, therefore, no motive can be attributed to the petitioner. Challan has already been filed in the matter; the petitioner is behind the bars and trial will take sufficiently long time. It is also submitted that no fruitful purpose would be served by keeping the petitioner behind the bars. Therefore, the petitioner may be enlarged on bail.

4. Learned Public Prosecutor vehemently opposed this bail application.

5. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Faudaram S/o Shri Phulaji, arrested in connection with FIR No.59/2022, P.S. Palri-M, Sirohi shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/-each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.