JUDGMENT 1. - Shri Rathore has handed over the challan papers to the learned Public Prosecutor. Arguments have been heard. 2. The main argument of the learned counsel for the petitioner is that the only evidence available against the accused-petitioner is of having a fight with the deceased at a liquor shop. He submitted that there is no allegation against the accused petitioner of having intentionally caused injury on the person of the deceased. Shri Rathore pointed out from the postmortem report of the deceased that it is revealed that the deceased was in the habit of consuming alcohol and the fight between the deceased and the accused- petitioner is also said to have taken place at liquor shop.He has drawn the attention of the Court to the statement of Dalip Singh recorded under Section 161, Criminal Procedure Code Shri Rathore pointed out that it was the accused-petitioner who had asked Dalip Singh to take the deceased to his home and, this shows that the accused-petitioner had no intention to cause any injury on the person of the deceased which could prove fatal. He argued that Section 404 Indian Penal Code has been maliciously added by the prosecution because as per the letter written by the son of the deceased an amount of Rs. 5000/- which was said to have been taken from the person of the deceased,was found in the house of the deceased himself. 3. Learned Public Prosecutor submitted that it is a case of having committed an offence under Section 302 Indian Penal Code and, therefore, the Court must not enlarge the accused-petitioner on bail. 4. I have considered the rival submissions and carefully perused the record of the case, which has been placed before the Court. 5. It is not proper for this Court to express any opinion on the merits of the case which would prejudice the prosecution; but having regard to the totality of the circumstances, which have so far come on record, I am inclined to exercise power under Section 439 Criminal Procedure Code Accordingly, it is ordered that the accused-petitioner Pratap Singh @ Parta Ram son of Bhura Ram, resident of Kayamsar, Police Station, Chirawa, District Jhunjhunu shall 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. 10,000/- (Rupees ten thousand only) with two sureties of Rs. 5,000/- (Rupees five thousand) each to the satisfaction of the trial Court with the stipulation to appear before it on the next date of hearing and on all subsequent dates of hearing and whenever he is called upon to do so during the pendency of the trial before it.Application allowed. *******