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Judgment
19 paragraphs · 348 wordsVinit Kumar Mathur, J
Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona
virus (COVID-19).
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R.
(C.R.) No.09/2022, Police Station Banar (Jodhpur Commissionerate) for the offence under Sections 307, 353, 279, 336, 283, 379 and 120B of IPC and
Section 4/21 of MMDR Act.
Heard learned counsel for the parties. Perused the material available on record.
Learned counsel for the petitioners submits that the petitioners are facing incarceration for almost a month. There is no case of the like nature pending
or decided against the petitioners. He further submits that no injury has been sustained by anybody in the present incident. Therefore, it is prayed that
the petitioners may be enlarged on bail.
Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation
of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioners on bail.
Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioners â€" (1) Rakesh @
Peeja S/o Sahi Ram (2) Pukha Ram @ Pukhraj S/o Mangi Lal (3) Ravindra S/o Daula Ram arrested in connection with F.I.R.(C.R.) No.09/2022,
Police Station Banar (Jodhpur Commissionerate) shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- (Rupees:
Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.
However, it is made clear that if the petitioners are found involved in any other case of like nature after his release from judicial custody, no leniency
will be extended in his case.