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Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The instant second bail application under Section 439 Cr.P.C.
has been preferred on behalf of the petitioner who is in custody in
connection with C.R. No.24/2017, registered at Police Station
Sarwana, District Jalore for the offences under Sections 394 and
323 / 34 IPC.
The first bail application preferred on behalf of the petitioner
was rejected while investigation was pending. Now charge-sheet
has been submitted, hence, the instant second bail application has
been moved.
As per the charge-sheet, the petitioner does not have any
criminal antecedents. He was not named in the FIR. The looted
vehicle was recovered at the instance of co-accused Hukma Ram.
No recovery was made from or at the instance of the petitioner.
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 released on bail.
Accordingly, this second bail application under Section 439
Cr.P.C. is allowed and it is directed that the petitioner Dinesh
Kumar arrested in connection with C.R. No.24/2017, registered at
Police Station Sarwana, District Jalore shall be released on bail
provided he 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.