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Judgment
8 paragraphs · 372 wordsThis application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.515/2019 Police Station Amba Mata, Udaipur for the offences under Sections 143, 148, 149, 323, 324, 325, 341, 307 & 120-B IPC.
It is contended that the injuries suffered by the victim - Khem Singh were not on vital part of the body. It is also argued that as has been observed in the order dated 04.03.2020, concerning bail application of co-accused - Bharat, though the injury in question were grievous in nature, but not dangerous to life.
Mr. Bhati, learned PP, though vehemently opposed the bail application, but was not in a position to satisfy as to how the petitioner's case is different than that of Naresh and Bharat, who have already enlarged on bail.
In view of the aforesaid, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioner Sher Singh S/o Shri Bhanwar Singh, arrested in FIR No.515/2019, Police Station Amba Mata, Udaipur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each.
This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 28th May, 2020 to the satisfaction of the learned trial Court.
It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioner about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioner on bail.
Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.