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Judgment
10 paragraphs · 292 wordsVivek Agarwal, J
This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C").
Case Crime No. 746/2021 is registered at Police Station Sarni, District Betul for offences punishable under Sections 457, 380, 342 and 395 of IPC. The applicants are in custody since 25/11/2021.
It is submitted by learned counsel for the applicants that the FIR was lodged against unknown persons. No T.I.P. is made. Investigation is co mplete and chargesheet is filed.
Learned Government Advocate opposes the application and submits that the iron rod and a bearing have been recovered from the possession of present applicants. However, he admits that there is no criminal history of the present applicants.
Taking all these facts into consideration, without commenting on the merits of the case, this application is allowed.
It is directed that applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each of the like amount to the satisfaction of the Trial Court to appear before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicants shall comply with the provisions of Section 437(3) of the Cr. P. C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicants.
Certified copy as per rules.