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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the case diary.
These nine bail applications under Section 439 Cr.P.C. have
been preferred on behalf of the petitioner who is in custody in
connection with F.I.Rs. No.439/2016, 340/2016, 483/2016,
410/2016 and 329/2016 registered at Police Station Udaimandir,
District Jodhpur ; F.I.Rs. 52/2017, 45/2017 and 50/2017
registered at Police Station Mahamandir, District Jodhpur and
F.I.R. No.19/2017 registered at Police Station Sadar Bazar, District
Jodhpur for the offence under Section 379 IPC.
No doubt nine cases of theft have been registered against
the petitioner but in most of the cases, the recovery of stolen
motorcycle has been made from bushes albeit at the information
of the petitioner under Section 27 of the Evidence Act. The
petitioner is a young boy and is in custody since 4.2.2017. He is
reportedly a student of GNM II Year.
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the petitioner deserves to be granted one opportunity to face trial
while being on bail.
Accordingly, these bail applications under Section 439 Cr.P.C.
are allowed and it is directed that the petitioner Dharmendra Joshi
arrested in connection with the F.I.Rs. No.439/2016, 340/2016,
483/2016, 410/2016 and 329/2016 registered at Police Station
Udaimandir, District Jodhpur ; F.I.Rs. 52/2017, 45/2017 and
50/2017 registered at Police Station Mahamandir, District Jodhpur
and F.I.R. No.19/2017 registered at Police Station Sadar Bazar,
District Jodhpur shall be released on bail provided he furnishes a
personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/-
each in each F.I.R. case 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.
However, looking to the fact that the petitioner is implicated
in nine cases, therefore, till conclusion of the trial, the petitioner
shall continue to mark his presence on the 28 th day of each month
at Police Station Udaimandir, District Jodhpur.
A copy of this order be placed in each file.