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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.