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Judgment
19 paragraphs · 375 wordsIn the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all
concerned.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.69/2021 of Police Station Luni, District Jodhpur for the offences punishable under
Sections 143, 429 & 353 IPC and Section 3 of PDPP Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has pointed out that similarly situated co-accused namely, Rajesh has already been granted bail by this Court vide
order dated 03.05.2021 passed in CRLMB No.5681/2021. Learned counsel further points out that there are two FIRs pertaining to the same incident,
including the present one and the other bearing FIR No.70/2021 of Police Station Luni, District Jodhpur. Learned counsel also points out that since the
present FIR has been lodged by the real uncle of the petitioner, therefore, there is no question of the petitioner not being named by him in the FIR.
Learned counsel thus, submits that such non-mentioning of the name in the FIR clearly reflects the petitioner was not involved in the alleged incident.
Learned counsel also submits that the petitioner is in custody since 25.03.2021.
Learned Public Prosecutor though opposes the bail application, but is unable to refute the aforesaid factual matrix.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time
and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section
439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ashok S/o Harsukh Ram shall be released
on bail in connection with FIR No.69/2021 of Police Station Luni, District Jodhpur provided he executes a personal bond in a sum of Rs.50,000/- with
two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every
date of hearing and whenever called upon to do so till the completion of the trial.