JUDGMENT 1. - This is second application for grant of bail under section 439 Cr.P.C., but, these are changed circumstances as the charge sheet has been filed subsequent to the earlier order dated 8.10.92. 2. On 8.10.92, this Court had granted bail to four other co-accused persons but the bail application of the petitioner was rejected on the ground that there was allegation that he caused a lathi blow on the head of the deceased Vipati which resulted in his death. 3. Learned Counsel for petitioner's, counsel, on the basis of the police papers, submits that from the side of the complainant party, two persons viz. Vipati (deceased)and Ramdas had sustained injuries and from the statements of the prosecution witnesses, it cannot be said that the petitioner is the author of the fatal injury to the deceased. Learned Counsel has read over the statement of Ramdas and submitted that as per his statement, the petitioner caused only one injury on the head while as per the medical report, deceased Vipati had sustained three injuries on his head. As per the statement Ramji alias Ramji lal had also caused injury on the head of the deceased Vipati. 4. In the same incident, from the side of the accused, as many as five persons were injured including one Ramji alias Ramjilal, who died due to The injuries sustained by him. Learned Counsel submits that in the cross case, all the accused persons have been given the benefit of bail. It was further argued that the petitioner is suffering from lung T.B. and he has submitted a medical certificate issued by the Medical Officer, District Jail, Dholpur wherein it is mentioned_that he is suffering from lung Tuberculosis (T.B. in chest) and he is taking treatment in TB Clinic in Jail Hospital, Dholpur. 5. On the other hand, the learned Public Prosecutor argued that it is pre-mature to say that the members of the accused party, in this case, were not aggressors. It was also argued that the petitioner has inflicted a lathi blow on the head of the deceased and he should not be released on bail. 6. I have given my careful consideration to the above submissions. It is not disputed that in the incident, from the side of the accused and the complainant, members of both the parties have sustained injuries. 6. I have given my careful consideration to the above submissions. It is not disputed that in the incident, from the side of the accused and the complainant, members of both the parties have sustained injuries. From the side of the accused, five persons were injured, and one Ramji alias Ramjilal died due to injuries sustained by him. I have been informed that all the accused in the cross case have been released on bail, though, a case under section 302 IPC was also registered against them. From the medical report, it does not appear that it may be said that the petitioner is the author of the fatal injury, as there were other accused who had caused injuries to the deceased, including Ramji alias Rainjilal deceased. From the medical certificate issued by the Medical Officer, District Jail, Dholpur, it appears that the petitioner is suffering from chest T.B. 7. Therefore, though, without commenting on the merits of the case, and expressing any opinion as to which of the parties is aggressor and whether it was a free fight, but taking into consideration all the facts and circumstances, specially the fact that in the cross case, all accused have been released on bail and that from the side of the accused, one Ramji alias Ramjilal has died in the same incident, I think it just and proper to release the petitioner on bail under section 439 Cr.P.C. 8. It is, therefore, ordered that the petitioner Kedar s/o. Kehari Singh shall be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/(Rs.Ten thousands) wit h two sureties in the sum of Rs. 5,000/- each, to the satisfaction of the Trial Court to appear before it or any other Court on all the dated of hearing during the pendency of trial/ inquiry against him.Petition allowed. *******