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Judgment
Heard learned counsel for the parties and also perused the material on record.
The petitioners have been arrested in FIR No.360/2020 of Police Station Sadar Banswara District Banswara for the offences punishable under
Sections 447, 323, 324, 326, 307/34 IPC. They have preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that it is a case of free fight in the agriculture field, in which, both the parties received injuries
including both the present petitioners. It is also submitted that there is no allegation that the petitioners prepared before committing the crime and from
the charge-sheet, it is clear that the quarrel took place on a spur of moment.
Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and
proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners Heera Lal S/o Morneg and Naresh S/o
Heera shall be released on bail in connection with FIR No.360/2020 of Police Station Sadar Banswara District Banswara provided each of them
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.
