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Judgment
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.143/2015, Police Station- Dhamotar, Pratapgarh for the offences under Sections 394, 341 of IPC and section 136 of Electricity Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted on behalf of the petitioner that the co-accused Fattan Khan and Nijam khan have already been granted bail by coordinate benches of
this Court vide orders dated 14.06.2019 and 26.09.2018 and the case of the present petitioner is not distinguishable from the case of the co-accused
who have already been released on bail by this Court. It is also submitted that the charge sheet has already been filed in the case.
Therefore, it is prayed that the petitioner may be enlarged on bail.
The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-
accused persons who have been enlarged on bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case
of the present petitioner is identical to co-accused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the
petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner Bhawanidan @ Kandan S/o Roopdan arrested in connection with
F.I.R. No.143/2015, Police Station-Dhamotar, Pratapgarh, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/-(Rupees:
Fifty Thousand Only) 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.