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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor as well as learned counsel for the complainant. Perused
the case diary.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.364/2016, registered at Police Station
Ratanada, District Jodhpur for the offences under Sections 384,
420 and 120B IPC.
It is apparent that two FIRs have been filed by Devendra
Singh against the petitioner for the very same transaction
pertaining to the same chunks of agricultural lands in the District
Pali. It is pointed out by the learned Public Prosecutor that in the
case registered at P.S. Marwar Junction being FIR No.160/2016,
the police is proposing to file a negative report.
In this background and having regard to the facts and
circumstances available on record and the fact that the petitioner
is in judicial custody for magistrate triable offences, but without
expressing any opinion on the merits of the case, this Court is of
the opinion that the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Hukam Singh
arrested in connection with the F.I.R. No. 364/2016, registered at
Police Station Ratanada, District Jodhpur shall be released on bail
provided he furnishes a personal bond of Rs.50,000/- and two
surety bonds of Rs.25,000/- each to the satisfaction of the learned
trial court with the stipulation to appear before that Court on all
dates of hearing and as and when called upon to do so.