Thanwar Chand @ Sawariya And Ors vs State

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.

141/2019, Police Station Ashpur, District Dungarpur for the offences under Section 454, 380 of I.P.C.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

It is submitted by learned counsel for the petitioner that the offence alleged against the petitioner is triable by the Magistrate.

The charge-sheet in the matter has already been filed. The petitioner is facing incarceration for last more than two and a half months. The conclusion

of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail

application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioners - (1) Thanwar Chand @ Sawariya S/o Dhaniya (2) Arjun S/o

Azuda S/o Khatiya Dayma (3) Devi Lal @ Deviya S/o Padma Meena arrested in connection with F.I.R. No. 141/2019, Police Station Ashpur, District

Dungarpur shall be released on bail; provided they furnish a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) each with two sureties of

Rs.25,000/- (Rupees : Twenty Five Thousand Only) 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.