ORDER 1. This is the first bail application under section 439 of Cr.P.C. in connection with Crime No.109/2020 registered at Police Station – Leemachouhan, District-Rajgarh under section 302/34 of IPC. 2. Allegation of the prosecution is that due to old enmity of murder of their brother by the deceased, all 5 brothers conspired and killed the deceased by causing injuries with sticks and swords etc. 3. The allegation against the petitioner is that he was the first in 5 brothers, who gave a blow of stick on the head of the deceased but ran away from the spot before his brothers came. His brothers reached on the spot later and gave him (deceased) blows till death. In their police statements, the witnesses have not stated that at the time of causing injuries by the brothers, the petitioner was also present. 4. The prosecution has opposed the bail application. 5. Having regard to the aforesaid and other facts and circumstances of the case, I deem it proper to allow the bail. Therefore, without commenting on merits of the case, the application is allowed. 6. It is directed that the petitioner Ghanshyam S/o Bhonisingh be released from custody on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court as and when required further subject to the following conditions: (i) The petitioner shall co-operate in the trial and shall attend the trial Court during the trial; (ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them from disclosing such facts of the Court; (iii) The petitioner shall not commit any offence or involve in any criminal activities; (iv) In case, involvement in any other criminal activity is found, the bail granted in this case may also be cancelled.