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Judgment
8 paragraphs · 343 wordsKuldeep Mathur, J
The instant bail applications have been filed by the petitioners under Section 439 Cr.P.C in connection with FIR No.439/2022 registered at Police Station Kotwali, District Bhilwara, for the offences under Sections 364-A, 323, 307, 342, 395, 482, 120-B, 302/115, 412 of IPC and 3/25, 5/29, 5/25, 35 Arms Act (in S.B. Criminal Miscellaneous Bail Application No. 1965/2023) and offences under Sections 364-A, 323, 307, 342, 395, 482, 120-B, 301/115, 412 of IPC and 9/25 of Arms Act (in S.B. Criminal Miscellaneous Bail Application No. 717/2023).
Learned counsel for the petitioners submitted that though the petitioners were identified by the complainant while they were in custody. Learned counsel for the petitioners submitted that the co-accused-(1).Rahul Meena S/o Jagdish Chandra Meena and (2). Vinay Pratap Singh S/o Shri Manohar Singh Nathawat have already been enlarged on bail by this Court vide order dated 13.04.2023 in S.B. Criminal Misc. Bail Application Nos.3791/2023 and 2401/2023 respectively and the case of present petitioners is not distinguishable from that of the co-accused. He further submits that the accused-petitioners are in judicial custody and the trial of the case will take sufficiently long time to conclude. Therefore, the benefit of bail should be granted to the accused-petitioners.
Per contra, learned Public Prosecutor has opposed the bail application.
Heard. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused-petitioners on bail.
Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners-
(1).Sunny @ Sandeep Oad S/o Sh. Hazari Oad and
(2).Lokesh Singh S/o Roshan Singh, shall be enlarged on bail in connection with FIR No.439/2022 registered at Police Station Kotwali, District Bhilwara, provided they furnish a personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.