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Judgment
17 paragraphs · 352 wordsThe present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.72/2020
registered at Police Station Kaithwada, District Bharatpur for the offence(s) under Section(s) 395 & 354 of I.P.C. and later on for the offence under
Sections 395 & 454 of I.P.C.
It is contended by the learned counsel for the petitioners that to counterblast the FIR No.64/2020 lodged by the accused party against the complainant
party under Section 302 I.P.C, they have falsely been implicated in this case as well as in one another FIR of the same date. He submitted that there
are omnibus allegations against a large number of persons in the FIR with no specific overt act assigned to the present petitioners. He submitted that
the petitioners are in judicial custody, investigation as against them is complete, trial of the case will take time, co- accused Vashim, Jakar, Sazid,
Rubees, Mukim, Yusuf & Naseem have been extended benefit of bail by a co-ordinate Bench of this Court and prayed for their release on bail.
Learned Public Prosecutor has opposed the bail applications. Taking into consideration the submissions advanced by learned counsel for the
petitioners, the nature of allegations against them, their length of custody, release of co-accused persons on bail by a co-ordinate Bench of this Court
and the material available in the case diary; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge
the petitioners on bail.
Accordingly, the bail applications are allowed and it is directed that accused-petitioners 1. Deenu S/o Sufeda, 2. Khalid S/o Gafoor & 3. Jahul S/o
Gafoor shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided
each of them shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that they shall comply with all the conditions laid down
under Section 437(3) Cr.P.C.
