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Judgment
12 paragraphs · 246 wordsThe present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 78/2020 registered
at Police Station Patan, District Sikar for the offence under Section 379 of IPC.
It is contended by the learned counsel for the petitioner that he has falsely been implicated in this case. He submitted that the petitioner is in custody
since 02.12.2020, investigation as against him is complete, offence is triable by Magistrate, he has no criminal antecedents of like nature and prayed
for his release on bail.
Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,
the nature of allegation, his length of custody, offence being triable by Magistrate and absence of criminal antecedents of like nature; but, without
expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Updesh Kumar S/o Lalta Prasad shall be released on bail under
Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum
of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of
the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
