JUDGMENT 1. - This order governs the disposal of third bail application filed under Section 439 of Cr.P.C by Mr. R.K. Mathur, Senior Counsel on behalf of the applicant Babulal pertaining to F.I.R. No. 34/2011 registered at Police Station Bhiwadi, Phase-III, District Alwar, in the offences under Sections 147, 148, 149, 302 and 307 of IPC. 2. Heard the learned counsel for the petitioner as also learned Public Prosecutor for the State and carefully perused the material on record. 3. Learned counsel for the petitioner canvassed that the accused-petitioner Babulal has been in custody since 20th January, 2011 and his entire family has been falsely roped in without there being any evidence against them. The main accused of this case is Rajvir @ Pappu, who is alleged to have opened fire and caused fire arm injuries to Jamshed and Jahid. Jahid is found to have succumbed to the sole fire arm injury. There was a vast crowd gathered at the scene of occurrence, as the complainant party of this case set ablaze the houses of the accused party. This fact is tangible from the report of S.P., Alwar, which was sent by him to I.G. of Police, Jaipur Range, Jaipur. It was the complainant party, which robbed the houses of the accused party, caused damage to their animals viz. buffaloes, cows and committed theft of golden and silver ornaments. The petitioner had been made an accused in the instant case with the aid of Section 149 of IPC. No specific role has been ascribed to the petitioner. The fire arm injury has been attributed or ascribed to the accused Rajvir @ Pappu, since the Police, after completion of investigation, has filed the charge-sheet in the court, which has been pending trial and the trial of the case is likely to take time to conclude, hence, in the facts and circumstances of the case, the petitioner may be granted indulgence of bail. 4. E converso, the learned Public Prosecutor appearing for the State has albeit, opposed the bail petition but fairly conceded that no injury caused to Jamshed and Jahid has been ascribed to the petitioner. It is true that he has been made an accused with the aid of Section 149 of IPC, as he was present at the scene of occurrence when the incident took place. 5. It is true that he has been made an accused with the aid of Section 149 of IPC, as he was present at the scene of occurrence when the incident took place. 5. Having reflected over the submissions made at the bar and carefully perused the relevant material on record including the investigation report sent by S.P., Alwar to I.G of Police, Jaipur Range, Jaipur, I sans expressing any opinion on the merits of the case, in the changed facts situation, do feel inclined to grant indulgence of bail to the petitioner, as the petitioner is not found to be the main accused of the case and the trial of the case is likely to take time to conclude and thus, the third bail application is allowed. 6. It is, therefore, ordered that the third bail application filed on behalf of the petitioner Babulal S/o Shri Prabhu Dayal is allowed and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 50,000/- ( Rs. Fifty thous only) together with two sureties each in the sum of Rs. 25,000/- ( Rs. Twenty Five thous ) to the satisfaction of the learned trial Court with the stipulation that he shall appear before the learned trial Court on all dates of hearing and as and when called upon to do so till the trial is concluded.Bail Application Allowed. *******