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Judgment
Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona
virus (COVID-19).
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.122/2021, Police Station Sadar Barmer, District Barmer for the offences under Sections 143, 327, 323, 427, 296 & 353 of the I.P.C. and under
Section 3 of the P.D.P.P. Act.
Heard learned counsel for the parties. Perused the material available on record.
Learned counsel for the petitioner submits that the charge- sheet in the case has been filed. He further submits that the co- accused Mohanlal &
Rooparam have already been enlarged on bail by the learned trial Court vide order dated 19.04.2021. The petitioner is suffering incarceration since
11.04.2021. The conclusion of the trial will take sufficiently long time. Therefore, it is prayed that the petitioner may be enlarged on bail.
Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation
of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.
Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner -Naresh S/o Jetha
Ram arrested in connection with F.I.R. No.122/2021, Police Station Sadar Barmer, District Barmer shall be released on bail provided he furnishes a
personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only)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.