JUDGMENT Gurdev Singh, J.:- Heard. 2. Petitioner, Darshan Singh, has filed this petition under Section 439(1) of the Code of Criminal Procedure for grant of regular bail for the offence under Section 302 of the Indian Penal Code, in respect of which FIR No. 258 dated 29.8.2008 was registered in Police Station Bagha Purana, District Moga, and for which he is already standing his trial before Additional Sessions Judge, Moga. 3. This FIR was got registered by Kartar Kaur, mother of Bachittar Singh-deceased. She narrated therein that on 28.8.2008, Rani Kaur gave a telephonic call to her son to see her in village Gurusar Marri at 4.30 p.m. and accordingly he went to the her house. She was informed on telephone by Darshan Singh son of Budh Singh that the present petitioner, Rani Kaur, Mukhtiar Singh and Jita Singh along with 3/4 other persons were giving beatings to her son, who had received many injuries. Her son was got admitted by Nazar Singh and others at Civil Hospital, Baghapurana in unconscious condition, where he succumbed to his injuries. 4. This petition has been pressed on the ground by the counsel for the petitioner that only Darshan Singh (PW-5) has been cited as a witness against the present petitioner, whose statement was recorded in the Court on 25.2.2010 and he resiled from his statement and never named the petitioner as an accused. According to him, there is no other evidence to be produced by the prosecution against the petitioner. 5. Learned State counsel has not disputed the facts put forward by the counsel for the petitioner. However, he tried to argue that previously the petitioner moved a similar petition for releasing him on bail which was dismissed vide order dated 26.11.2009. 6. The copy of the order dated 26.11.2009 has been placed on record, which was passed in Crl. Misc. No.M-33344 of 2009. No doubt, the bail was refused to the petitioner at that time but there are change in the circumstances since the dismissal of that petition. The bail was refused to him on the ground that there was every likelihood of his absconding and influencing the prosecution witnesses. The only witness cited against him, has turned hostile and has not supported the prosecution case in the Court. 7. The bail was refused to him on the ground that there was every likelihood of his absconding and influencing the prosecution witnesses. The only witness cited against him, has turned hostile and has not supported the prosecution case in the Court. 7. In these circumstances, this petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the trial court/Duty Magistrate, Moga. -----------