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Judgment
18 paragraphs · 348 wordsThis application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.437/2019, Police Station Bilara
District Jodhpur for the offences under Sections 147, 148, 341, 323, 397, 325 & 308/149 IPC.
This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.437/2019, Police Station Bilara
District Jodhpur for the offences under Sections 147, 148, 341, 323, 397, 325 & 308/149 IPC.
It was also stated that petitioner is behind the bars since 11.02.2020.
Mr. Bhati, learned PP, however, opposed petitioner’s prayer for release.
In view of the aforesaid and considering the order passed in bail application of co-accused Rakesh, without expressing any opinion on the
merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Om Prakash S/o Basti Ram, arrested in FIR No.437/2019,
Police Station Bilara, District Jodhpur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of
Rs.25,000/- each.
This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be
difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail
upon furnishing the personal bond. He may furnish requisite sureties by 18th May, 2020 to the satisfaction of the learned trial Court.
It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated
in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.
Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety
bonds by the stipulated time, the instant order will come to an end automatically.