JUDGMENT 1. - Heard learned counsel for the petitioner and the learned Public Prosecutor and also perused the order of the trial court as also the case diary. 2. The contention of learned counsel Shri V.S. Gurjar, appearing for the petitioner is that the petitioner is a school going boy aged about 17 years and in support of the same a photo-state copy of the certificate showing his date of birth as 10.4.1970 issued by the Govt. Higher Secondary School, Alwar, has been produced. It is pointed out that if a boy of 17 years is kept behind the bars, the possibility of his turning a criminal cannot be ruled out. It is further given out that after his arrest on 27.9 1987, silver Kaddas and a knife and two pieces of paints below the knees level have been recovered. It is contended that merely because the stolen property has been recovered at his instance, it cannot be said that be was responsible for the murder also. 3. The contention of Shri S.C. Sharma learned Public Prosecutor is that two pieces of paints and the knife have blood stained mark. However no report of Chemical Analysor has yet been received. The witnesses, Hari and Ramplal whose statements under section 161 Cr. P.C. have been recorded have mentioned Mahendra, co-accused to have been seen with the deceased soon before she was murdered. The name of the petitioner does not find place in these statements. 4. Reliance has been placed on Kora Chasi v. State of Orissa, (1987(2) SCC 251) , in which it was observed that recovery of crime articles made from the open place accessible to all cannot be given much weight. Bhagwati and another v. State of Rajasthan (1987 Cr. L.R. (Raj) 765) was a case in which the ornaments were recovered from the accused, but there was no other linking evidence against him regarding the murder, therefore, the conviction was made only under section 411 IPC. 5. Without making any observations on the merits of the case and taking into consideration the entire facts and circumstances of the case. I am inclined to grant indulgence of the provisions of section 439 Cr. P.C. to the petitioner. It is, therefore, directed that the petitioner Ram Kishore be released on bail provided he furnishes a personal bond in the sum of Rs. I am inclined to grant indulgence of the provisions of section 439 Cr. P.C. to the petitioner. It is, therefore, directed that the petitioner Ram Kishore be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000/- with two sureties in the amount of Rs. 5,000/- each to the satisfaction of the trial court, for his appearance in that court on all dates of hearing and whenever he is called upon to do so.Bail Granted. *******