Honble SHETHNA, J.–Learned counsel Shri Garg appearing for the petitioners submitted that against the present accused petitioners, no overt act has been attributed except their mere presence. There is no allegation against them that they have also taken active part in the commission of the offence. (2). However, the learned Public Prosecutor Shri Vyas and learned counsel Shri Purohit appearing for the complainant vehementally submitted that against the accused, the offence under Sec.149 IPC is registered and each accused would be liable irrespective of the fact whether he had played any active role in the commission of the offence and in that, they could be punished suitably. (3). There is lot of force in the submission made by Mr. Purohit. However, this could only be considered at the end of the trial. We are at present dealing with the bail application. (4). Mr. Garg learned counsel for the accused has produced a photostat copy of the order dated 5.5.98 passed in S.B.Cr.Misc. Bail Petition No.2726/97 and 775/98 filed by Khan Mohd., Mardan Khan & anr. respectively and submitted that other co accused, against whom there was no other allegation except their presence at the time of commission of offence, have been ordered to be released by this Court. This is not disputed by the learned Public Prosecutor. (5). Going through the order passed by the learned Single Judge of this Court releasing the accused Khan Mohd., Mardan Khan & anr., it is clear that the learned single Judge has considered the fact that fatal injuries resulted in the death of Noor Mohd. were attributed to Kadar Khan and Ashgar Khan only. (6). When the learned Single Judge of this Court has accepted the bail application of the co-accused, then it will not be proper to deny the regular bail to the present accused whose case is similar to the case of those accused, who have been released on bail. (7). In view of the above discussion, the bail application is allowed and it is ordered that petitioners Yashin Khan and Mumtaz Khan be released on bail on furnishing a personal bond in the sum of Rs. twenty five thousand each with one surety in the like amount to the satisfaction of learned trial Judge for their personal appearance before that Court as and when required till the trial is over. twenty five thousand each with one surety in the like amount to the satisfaction of learned trial Judge for their personal appearance before that Court as and when required till the trial is over. They shall not try to influence or tamper with the evidence of the prosecution witnesses.