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Judgment
16 paragraphs · 334 wordsThe present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 0106/2020
registered at Police Station Sainthal, District Dausa 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. With regard to criminal antecedents, learned
counsel for the petitioner submitted that after his arrest in one case, he has falsely been implicated in other criminal cases in which he has already
been extended benefit of bail. He submits that the petitioner is in custody since 19.10.2020, charge sheet has been filed, trial of the case will take time,
offence is triable by Magistrate and prays 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 against him, his length of custody,
filing of charge sheet and the offence being triable by Magistrate; 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 Kumar @ Nanu S/o Arjun Lal 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.
However, looking to the nature of offence and criminal antecedents of the petitioner, it is made clear that in case the petitioner is found involved in
offence(s) of similar nature in future, learned trial Court shall be at liberty to cancel the benefit of bail extended to him by this Court.