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Judgment
17 paragraphs · 378 wordsThe present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.339/2020 registered
at Police Station Bansur, District Alwar (Police District Bhiwadi) for the offence under Section(s) 143, 323, 336, 427 & 307 of I.P.C. and later on for
the offence under Section(s) 143, 323, 336, 427 & 307 of I.P.C. and under Section(s) 3/25 of Indian Arms Act.
It is contended by learned counsel for the petitioner that except injured Jeetram, who has received fracture on base of fourth finger of his right hand,
none of the other injured has received even grievous injury and hence, no offence under Section 307 I.P.C. is made out. Drawing attention of this
Court towards the information furnished by SHO Police Station Harsora, Police district Bhiwadi (Alwar), learned counsel submitted that ten cases
shown to be registered against the present petitioner in the charge sheet, as a matter of fact, are registered against the co- accused Satveer and not
against the present petitioner. He submitted that the petitioner is in custody since 28.07.2020, charge sheet has been filed, trial of the case will take
time, co- accused persons namely, Hemraj and Rakesh have been extended benefit of bail by this Court 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 allegations against him, his length of custody, filing of charge sheet, release of co- accused persons on bail by this Court and the material
available in the charge sheet; 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 Yogesh S/o Shishram 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.