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Judgment
16 paragraphs · 327 wordsThe present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.243/2020
registered at Police Station Kolari District Dholpur for the offence(s) under Section(s) 143, 323, 341, 427 & 447 of IPC and later on for the offences
under Sections 323, 341, 324, 325, 308 & 34 of IPC.
It is contended by learned counsel for the petitioners that they have falsely been implicated in this case. He submitted that injuries on the person of
victims are simple in nature barring a fracture on non-vital part of the body of Satya Prakash. He submitted that the petitioners are in custody for last
about two months, investigation as against them is complete, they have no criminal antecedents and prayed for their release on bail.
Learned Public Prosecutor assisted by learned counsel for the complainant opposing the bail application submitted that the injured persons have
received a large number of injuries on various body parts including vital part and hence, they do not deserve indulgence of bail.
Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the petitioners, their
length of custody and absence of criminal antecedents; 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 application is allowed and it is directed that accused-petitioners 1. Govind Giri S/o Shri Peetam Giri & 2. Manish Giri S/o Govind
Giri 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 furnishes 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.