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Judgment
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioners who are in custody in
connection with F.I.R. No.53/2016, registered at Police Station
Aspur, Dungarpur for the offences under Sections 147, 302, 201,
458, 323, 364 and 149 IPC.
Learned counsel for the petitioners contends that the case of
the petitioners is not distinguishable from that of co-accused
Kalyan Singh, Ishwar Singh, Jai Singh, Hamir Singh, Smt. Pratap
Kanwar and Smt.Moti Kanwar who have been enlarged on bail by
this Court.
Learned P.P. does not dispute this statement. He further
states that the main allegations of the prosecution are against
Laxman Singh and Praveen Singh.
In this background and having regard to the entirety of facts
and circumstances as available on record and upon a consideration
of the arguments advanced at the Bar but without expressing
opinion on the merits of the case, this Court is of the opinion that
the petitioners deserve to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioners Gautam Singh, Mav
Singh and Pahad Singh arrested in connection with the F.I.R.
No.53/2016, registered at Police Station Aspur, Dungarpur shall be
released on bail provided they furnish a personal bond of
Rs.50,000/- each 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.