JUDGMENT 1. The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 86/2016, Police Station Chopasani Housing Board, District Jodhpur for the offence under Section 302 IPC. 2. The first bail application of the petitioner was rejected on 23.08.2018. 3. Heard the arguments advanced on behalf of the petitioner and learned Public Prosecutor. Perused the material available on record. 4. It is submitted on behalf of the petitioner that after rejection of the first bail application of the petitioner, PW-9 Gita who is the sister of deceased Lata has been examined before the trial Court. She has deposed that while her sister suffered an attack of epilepsy, the petitioner went to the market for getting the medicine. She has been declared hostile. Similarly, PW-10 Nava Devi who is the grandmother of the deceased Lata has also not supported the prosecution story. Thus, she has been declared hostile. PW-11 Motumal has also not supported the case of the prosecution. It is further submitted that the petitioner is behind the bars for last more than 3 years, therefore, it is prayed that the petitioner may be enlarged on bail. 5. The learned Public Prosecutor vehemently opposes the bail application. 6. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the 2nd bail application filed by the petitioner deserves to be accepted. 7. Consequently, the 2nd bail application is allowed. It is ordered that the accused-petitioner Kamlesh Gidwani S/o Shri Sindumal arrested in connection with F.I.R. No. 86/2016, Police Station Chopasani Housing Board, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.