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Judgment
7 paragraphs · 324 wordsDevendra Kachhawaha, J
The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.361/2021, Police Station Kotwali, District Banswara, registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioners stated that offences are triable by Magistrate; petitioners are behind the bars since 23.08.2021; no investigation or recovery is pending against the petitioners; and trial of the case will take time. With these submissions, learned counsel for the petitioners prayed that the benefit of bail may be granted to the petitioners.
Per contra, learned Public Prosecutor has opposed the bail applications and stated that Rs.16,000/- and one silver bracelet has been recovered from the accused-petitioner Rohit and Rs.25,000/- and one pair of silver anklet recovered from the accused-petitioner Kalu.
Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by First Class Magistrate; petitioners are behind the bars since 23.08.2021; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
Consequently, the bail applications are allowed. It is ordered that the petitioners - Rohit S/o Raju Valmaki (Bail Application No.11817/2021) and Kalu S/o Rama Walmiki (Bail Application No.11818/2021), both arrested in connection with F.I.R. No.361/2021, Police Station Kotwali, District Banswara, shall be released on bail, if not wanted in any other case; provided each of them furnishes a personal bond of Rs.50,000/- with 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.