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Judgment
Heard learned counsel for the parties and have perused the material available on record.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with FIR
No.136/2015, Police Station Kherwada, District Udaipur for the offences under Sections 365, 395, 420, 482 of IPC.
It is submitted by learned counsel for the applicant that applicant is in custody since 03.06.2020, challan has already been filed and co-accused- (1)
Zuber has been granted bail on 20.12.2018 in S.B. CRLMB No.11496/2018; (2) Asraddin has been granted bail on 30.10.2018 in S.B. CRLMB
No.10564/2018; (3) Islamuddin has been grated bail on 16.02.2017 in S.B. CRLMB No.1412/2017; (4) Mohsin has been granted bail on 07.09.2016 in
S.B. CRLMB No.7947/2016; (5) Akhtar has been granted bail on 04.08.2016 in S.B. CRLMB No.6856/2016 by Co-ordinate Benches of this Court,
the trial is likely to take time and on account of 2nd wave of COVID-19, the applicant may be granted bail.
Learned Public Prosecutor opposed the bail application.
In the circumstances of the case, wherein, co-accused have been granted bail and the applicant is in custody since 03.06.2020 and challan has already
been filed, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the applicant deserves
to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-applicant —Harun S/o Hakmuddin arrested in connection with FIR
No.136/2015, Police Station Kherwada, District Udaipur, shall be released on bail; provided he furnish a personal bond of Rs.50,000/- (Rupees Fifty
Thousand Only) with two sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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.
