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Judgment
8 paragraphs · 349 wordsThis application for bail has been filed by the petitioners under Section 439 of the Cr.P.C. in connection with FIR No.332/2019, Police Station Mahamandir, District Jodhpur, for the offences under Sections 455, 411 and 382 IPC.
It is stated in the bail application that offences alleged against the petitioners are triable by the Magistrate and the petitioners are behind the bars since October, 2019; no recovery is to be made from the petitioner; charge-sheet has alerady been filed against the petitioners.
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances of the case and in view of the fact that co-accused Sanjeet Singh has already been enlarged on bail by this Court vide order dated 13.12.2019, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The petitioners (1) Sukhmandarsingh S/o Shri Surat Singh and (2) Mandeepsingh S/o Shri Satnamsingh, arrested in FIR No.332/2019, Police Station Mahamandir, District Jodhpur shall be released on bail on their 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 petitioners shall be released on bail upon furnishing the personal bond. They may furnish requisite sureties by 28.05.2020 to the satisfaction of the learned trial Court.
It would be required of the concerned Superintendent of Police/Jailer to apprise the petitioners about consequence of violation of the bond as stipulated in Section 229A of the Indian Penal Code, while releasing the petitioners on bail.
Petitioners shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, they fail to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.