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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The instant second bail application under Section 439 Cr.P.C.
has been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.12/2017, registered at Police Station
Salamgarh, District Pratapgarh for the offences under Sections
457 and 380 IPC.
The first bail application submitted on behalf of the petitioner
was rejected by this Court giving him liberty to file a fresh one
after charges are framed by the trial Court.
The petitioner is in judicial custody for magistrate triable
offences from 28.01.2017. Investigation is complete, charge-sheet
has been filed and the trial Court has framed charges against him.
Thus, 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 petitioner deserves to be
released on bail.
Accordingly, the second bail application under Section 439
Cr.P.C. is allowed and it is directed that the petitioner Sanwriya @
Thawarchand arrested in connection with the F.I.R. No.12/2017,
registered at Police Station Salamgarh, District Pratapgarh shall
be released on bail provided he 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.
However, considering that the petitioner is having number of
cases of similar nature registered again him, it is directed he shall
appear and mark his attendance in the concerned Police Station
on the 27th day of every month till the conclusion of trial.