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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.264/1998, registered at Police Station Pratapgarh, District Pratapgarh for the offences under Sections 147, 148, 149, 307, 323 and 302 IPC.
The FIR of the case was registered against twelve named accused persons way back in the year 1998. Omnibus allegations were levelled against all the accused named in the FIR which was filed regarding alleged murder of Partu and Mohan. The petitioner has been arrested after nearly 19 years of the incident and is in judicial custody. Other co-accused persons who too were arested after a significant delay, have been enlarged on bail. Some of the accused were convicted after trial and their sentences have been suspended by this Court.
In this background and having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Onkar arrested in connection with the F.I.R. No.264/1998, registered at Police Station Pratapgarh, District Pratapgarh shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.