JUDGMENT 1. 1. Heard learned counsel for the parties. 2. On the Parcha Bayan of Smt. Resham, a case has been registered against the accused petitioner under section 302 IPC. It has been alleged that Smt. Resham died after taking the milk which was purchased and brought by the accused petitioner. On the basis of evidence collected by the Investigating Officer it has been alleged that the accused petitioner administered poison in the milk which was purchased by him from the shop of Shyam Sunder in the presence of Shri Mahabir Singh and before certain other witnesses, statement of whom have been recorded under section 161 Cr. P.C. It is the case of the prosecution that something in the shape of powder was mixed in the milk by the petitioner and the milk was taken by the accused petitioner and was handed over to the mother of Smt. Resham who was the daughter-in-law of the accused petitioner. It has, further, been alleged that at the time when the milk was given to the mother of deceased Resham it was stated by the accused petitioner that he has mixed Bhabhut in the milk and the same may be given to the deceased (Smt. Resham). 3. In view of the aforesaid circumstances, learned counsel for the petitioner contended that on the point of purchasing milk and sweet, many a person present has been examined under section 161 C.P C. but none of the witnesses has stated in their statement that they made any objction about mixing something in the milk. Learned Public Prosecutor though objected the bail application but admitted that none of the witnesses has stated in police statement that any such objection which has been pointed out by the learned counsel has been made by any of the witnesses, although the powder was mixed in the milk in their presence. 4. While deciding this bail application, it will not be just and proper to give any opinion on the said point raised by the learned counsel for the petitioner. 4. While deciding this bail application, it will not be just and proper to give any opinion on the said point raised by the learned counsel for the petitioner. But I am of the view that the point raised is material and explanation is to be required from the side of the prosecution which may or may not be available during the course of trial but at this stage after going through the entire evidence collected by the Investigating Officer and the post-mortem report and the point raised by the learned counsel for the petitioner, I think it just and proper that the accused petitioner should be enlarged on bail. The earlier bail application No. 158/89 was dismissed because the same was withdrawn by the counsel for the accused petitioner with liberty to file a fresh application. Hence the second bail application has been filed. 5. In view of the foregoing discussion, this bail application is, therefore, allowed. 6. It is, therefore, ordered that accused petitioner Daulat Singh S/o Jagroop Singh be released on bail provided he furnishes a personal bond in the amount of Rs. 10,000/- Rs. Ten thousand) with two sureties in the amount of Rs. 5000/- Rs. Five thousand) each to the satisfaction of the Additional Sessions Judge, Karauli with the stipulation to appear in that court as and when called upon to do so during the pendency of the trial against him in this case.Bail Granted. *******