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Judgment
31 paragraphs · 295 wordsThis bail application has been filed under Section 439 Cr.P.C.
Brief facts of the case are that an FIR No. 128/2017 was
registered at P.S. Bhiwadi District Alwar for the offences under
Sections 383 and 353 IPC mentioned therein against the accused
petitioners. During the course of investigation, the accused
petitioners were arrested. Thereafter they moved the bail
application before the trial court, which vide impugned order
dismissed the same. Hence this bail application has been filed on
behalf of the petitioners.
Learned counsel for the petitioners has contended that there
is no criminal case made out against the petitioners. It has also
been contended that the accused petitioners are in judicial lockup
since long, the alleged offence is triable by the Ist Class
Magistrate, trial of the case is likely to take time, hence the
accused petitioners should be released on bail.
On the other hand, learned Public Prosecutor has opposed
the bail application.
Looking to the facts and circumstances of the case, but
without expressing any opinion on the merits and demerits of the
case, I deem it just and proper to release the petitioner on bail.
Therefore, this bail application is allowed and it is directed
that accused petitioners (1) Ramkumar S/o Amarsingh and (2)
Sheeshram S/o Gyhansingh shall be released on bail under
Section 439 Cr.P.C. in connection with afore-mentioned FIR
registered at concerned Police Station, provided they furnishes a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand)
together with two sureties in the sum of Rs.25,000/- (Rupees
Twenty Five Thousand) each to the satisfaction of the trial court
with the stipulation that they shall appear before that court on all
subsequent dates of hearing and as and when called upon to do
so.
