JUDGMENT 1. - Heard. 2. The learned counsel for the accused petitioner & P.P. for the State. 3. I have also been carried through the statements of PWs. Bharma, Phooli, Nani, Ramesh Vakita, Rama, Homa and have also perused Post Mortem report of the deceased Dhulia. Besides, I have also perused the challan papers of the cross FIR No. 108/95 in which Smt. Parwati, Smt. Geli, Smt. Uma are found to have been injured in the same incident. 4. Further X-ray findings reveals that right forearm of Smt. Geli was fractured. 5. The FIR lodged by Bharma reveals that it was Sakura who had inflicted injuries with a blunt weapon to the deceased. Presently, the prosecution witnesses have stated that it was the present petitioner who had inflicted the fatal injury with an axe to the deceased. The learned counsel for the petitioner contends that though it was alleged in the FIR that the fatal injury was inflicted by Sakura whereas, during the course of trial, the alleged eye-witnesses, looking to their statements which are self contradictory and inconsistent besides, the allegations of the FIR, leave no doubt that it was the accused who had inflicted the fatal injury with the axe. However, the medical evidence negatived this fact that any injury was caused by deadly sharp weapon on the person of the deceased. Therefore, since Sakura has already been released on bail and the present petitioner is in custody since 9.10.1996, it has been requested the accused petitioner may also be released on bail. 6. The learned P.P. seriously opposed it mainly on the grounds that deceased Dhulia was done to death and, therefore, at present, there is no justification for embarking upon to discuss the inconsistencies & improbabilities if any in the statements of prosecution witnesses. Without entry into niceties of the case, since Sakura has already been granted bail and, in the background and the nature of the evidence, at present, without prejudice to the pending trial, it is just and proper that the accused petitioner also be released on bail. Accordingly, this petition is accepted. It is ordered that in case the accused petitioner furnishes bail bonds in the sums of Rupees ten thousand each to the satisfaction of the trial Court, he shall be immediately released on bail.Bail granted. *******