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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
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.21/2015, registered at Police Station
Mondwa, Nagaur for the offences under Sections 147, 148, 341,
323, 324 and 307 IPC and Sections 3 / 25 & 5 / 25 of the Arms Act.
The petitioner has been charge-sheeted in this case for the
offences under Sections 5 / 25 and 7 / 25 of the Arms Act. Thus,
obviously he is not alleged to have participated in the actual
assault. No incriminating recovery whatsoever was effected from
the possession of the petitioner during investigation.
Having regard to the facts and circumstances available on
record 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 Kailash Ram @
Akshay arrested in connection with F.I.R. No.21/2015, registered
at Police Station Mondwa, Nagaur 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.