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Judgment
In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all
concerned.
Heard learned counsel for the parties and perused the material available on record.
The petitioner has been arrested in connection with F.I.R. No.378/2020 registered at Police Station Gangrar, District Chittorgarh for the offence
punishable under Sections 365, 364-A, 323, 325, 427 & 120B of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has referred to the order dated 09.04.2021 passed by this Court granting bail to Jahid and Aftab in criminal misc.
bail applications no.4849/2021 & 4851/2021 respectively, which reads as under :-
Heard learned counsel for the parties. Perused the material available on record.
These bail applications under Section 439 Cr.P.C. have been preferred on behalf of the petitioners who are in custody in connection with F.I.R.
No.378/2020 (wrongly mentioned as FIR No.378/2019 in the order dated 04.02.2021) registered at Police Station Gangrar, District Chittorgarh for the
offences under Sections 323, 325, 364A and 365 IPC.
On going through the statement of the victim Pramod Kumar, it is apparent that he could not identify any of the offenders who allegedly abducted him
for demand of ransom. No test identification was conducted by the I.O. Co-accused Sajid @ Raju, from whom recovery of currency notes to the tune
of Rs.1,50,000/- was effected, has been enlarged on bail (2828/2021) by this court vide order dated 03.03.2021. In addition thereto, co-accused Samir
has also been enlarged on bail (3837/2021) by this Court vide order dated 01.04.2021.
In this background and, having regard to the overall facts and circumstances as available on record, but without expressing any opinion on the merits
of the case, this Court is of the opinion that the petitioners deserve to be enlarged on bail.
Accordingly, these bail applications under Section 439 Cr.P.C. are allowed and it is directed that the petitioners (1) Vinod, (2) Jahid @ Gotu and (3)
Aftab @ Akram arrested in connection with the F.I.R. No.378/2020 (wrongly mentioned as FIR No.378/2019 in the order dated 04.02.2021)
registered at Police Station Gangrar, District Chittorgarh shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- and
two surety bonds of Rs.25,000/- 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.
A copy of this order be placed in each file.
Learned P.P. opposes the bail application.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time
and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section
439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Dinesh Chandra S/o Sh. Lehru Lal Jat shall
be released on bail in connection with FIR No. 378/2020 registered at Police Station Gangrar, District Chittorgarh provided he executes a personal
bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance
before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.