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Judgment
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the challan papers.
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioners, who are in custody in relation
to F.I.R. No.57/2017 registered at P.S. Nagori Gate, Jodhpur for
the offence under Section 392 / 34 I.P.C.
Learned counsel for the petitioners submits that the entire
amount allegedly looted from the complainant has been recovered
at the instance of the petitioner no.1 Sanjay Chouhan along with a
passbook of the complainant. He submits that the I.O. did not get
the identification proceedings conducted despite the fact that the
complainant stated that he could identify the accused persons. He
contends that the charge-sheet has been filed and trial will
consume time. He further states that the petitioners shall not
object to the recovered amount being returned to the complainant
and with these submissions, he prays that the petitioners deserve
to be enlarged on bail.
Learned Public Prosecutor vehemently opposes the
submissions advanced by the petitioners'' counsel. However, he too
does not dispute the fact that the petitioners do not have any
criminal antecedents and no test identification was conducted at
the hands of the complainant despite the fact that the accused
were not named by him.
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the petitioners deserve to be released on bail.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioners (1) Sanjay Chouhan @ Bhuriya and
(2) Chetan Prakash arrested in connection with F.I.R. No.57/2017
registered at P.S. Nagori Gate, Jodhpur shall be released on bail
subject to the condition that they shall furnish an undertaking in
the trial Court that they will not object to the recovered amount
being returned to the complainant and provided each of them
furnishes a personal bond of Rs.50,000/- and 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.
The said undertaking shall not prejudice the other defences
available to the petitioners at the trial.