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Judgment
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.842/2018 registered
at Police Station Mathuragate District Bharatpur for the offence(s) under Section(s) 420 & 406 of IPC and later on for the offences under Sections
420, 406 & 120-B of IPC.
It is contended by learned counsel for the petitioner that the petitioner, who is illiterate person, has falsely been implicated in this case. He submitted
that the petitioner is in custody since 30.12.2018. He submitted that it is Magistrate's trial case in which out of sixteen total prosecution witnesses, only
six prosecution witnesses have been examined so far. He submitted that similarly situated co-accused person namely M.D. Julfekar Ali has been
extended benefit of bail by this Court and prayed for his release on bail.
Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,
the nature of allegation against him, his length of custody, the offences being triable by Magistrate and release of co-accused person on bail by this
Court; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Kashiram S/o Paltuva shall be released on bail under Section 439
Cr.P.C. in connection with afore- mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of
the trial court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.