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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.
26/2021, Police Station Nithaua, District Dungarpur for the offences under Sections 147, 148, 149, 341, 302, 120B of IPC.
It is submitted by learned counsel for the petitioner that neither in the FIR, the name of the petitioner has been indicated nor in the statements of the
witnesses recorded by the police, the petitioner's involvement has been indicated. It is only during the course of investigation, as the petitioner indicated
that he had brought liquor for the accused before the incident, he has been implicated.
It is submitted that based on the material, no case is made out against the petitioner and looking to the present pandemic scenario on account of
COVID-19, therefore, he may be enlarged on bail.
Learned Public Prosecutor opposed the bail application. In the circumstances of the case and having gone through the case diary and material
available therein, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the petitioner
deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitoner -Mohanlal S/o Heeralal arrested in connection with FIR
No.26/2021, Police Station Nithaua, District Dungarpur, 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.
