JUDGMENT 1. - Heard. 2. Perused the challan papers. It is alleged that Raj Kumar, his brother-in-law Ram Khilari and the petitioner Mukesh came in a tempo to the place of occurrence. The tempo was being driven by Mukesh, that Raj Kumar inflicted knife blows while the co-accused Ram Khilari dealt stone blows to Ramesh. who succumbed to his injuries. In ,the FIR which was lodged by Kamal Kishor, the brother of the deceased, it was alleged that the petitioner Mukesh had caught hold of Ramesh while the other two accused persons had inflicted injuries to him. But all other eye-witnesses have been named by Kamal Kishor namely, Gordhan, Vishwajeet @munnu, Sohanlal Om Prakash, Kailash and Prem Singh in their statements recorded under Section 161, Criminal Procedure Code have stated that at the time of the alleged occurrence Mukesh was sitting in the tempo and that after the occurrence all the three accused persons went away. 3. The contention of Shri Pradeep Shah is that the .petitioner was mere tempo driver and he had no complicity and common intention with other accused persons to commit the murder of Ramesh 4. On the other hand, the learned Public Prosecutor subject that since all the three accused persons had come together and left, the scene of occurrence together, prima facie an inference can be r drawn that the petitioner had a common intention with the co-accused persons commit murder of the deceased 5. Whether the petitioner had a common intention wits zither co-accused persons to commit the offence in question can only be ascertained after the prosecution evidence is recorded. However, from the perusal of the documents annexed with the charge-sheet it is manifestly reflected that the petitioner is not the principal accused and that he had not inflicted at injuries to the deceased. Regarding his overt act no other alleged eye witnesses supported the statement of Kamal Kishor. 6. Hence, keeping in view all the facts and circumstances of the case, I feel inclined to allow this petition and order that the petitioner Mukesh be released on bail provided he executes his personal bond for a sum of Rs. 10,000/- (ten thousand only) and furnishes two sound and abstantial sureties for a sum of Rs. 6. Hence, keeping in view all the facts and circumstances of the case, I feel inclined to allow this petition and order that the petitioner Mukesh be released on bail provided he executes his personal bond for a sum of Rs. 10,000/- (ten thousand only) and furnishes two sound and abstantial sureties for a sum of Rs. 5000/- (five thousand only) each of the satisfaction of the learned Sessions Judge, Udaipur for his regular appearance before him in the session case pertaining to FIR No. 165/93 P.S. Suraj Pol, Udaipur on each and every date of hearing and whenever ordered to do so.Bail granted. *******