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Judgment
7 paragraphs · 273 wordsManoj Kumar Garg, J
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.74/2021, Police Station Gingala, Distt. Udaipur for the offence under Section 302/34 IPC.
Learned counsel for the petitioner submits that eye-witnesses Ganga Meena and Praksh have specifically made allegation against co-accused Dinesh. The accused-petitioner Kamlesh and Smt. Jamna Devi gave only fist-blows. It is further stated that co-accused Jamna Devi has already been granted bail by this Court and the case of the present petitioner is not distinguishable from that of the co-accused. Moreover, challan of the case has already been presented The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Kamlesh S/o Shri Nawal Ram shall be enlarged on bail in FIR No.74/2021, Police Station Gingala, Distt. Udaipur provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.