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Judgment
Petitioners have filed these bail applications under Section 439 of Cr.P.C.
F.I.R. No.36/2018 was registered at Police Station Kotwali, Jhalawar for offence under Sections 386, 115/302 & 120B I.P.C.
It is contended by the counsel for the petitioners that allegation is of receiving money to eliminate the complainant. It is also contended that the main
allegation is against petitioner-Kadir. It is further contended that a false case has been registered against the petitioners. Petitioners have only one
case against them.
Learned Public Prosecutor has opposed the bail application.
I have considered the contentions.
Considering the contentions put-forth by the counsel for the petitioner, I deem it proper to allow the bail application.
This bail application is accordingly allowed and it is ordered that the accused-petitioners shall be released on bail provided each of them furnishes a
personal bond of Rs. 50,000/- (Rupees Fifty thousand only) and two sureties in the sum 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 and any court to which the matter is transferred, on all dates
of hearing and as and when called upon to do so.
However, it is made clear that if the petitioner repeats the offence, State would be free to move application for cancellation of bail before the trial
Court.
A copy of this order be sent to concerned S.H.O. for recording this condition in the Village CrimeRecord Book so that in the event of petitioner's
repeating offence, S.H.O. can move the Court for cancellation of bail.
Copy of this order be placed in the connected file.