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Judgment
In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all
concerned.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.143/2020 of Police Station Phalasiya, District Udaipur for the offences punishable under
Sections 395, 365, 325 & 323 IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that in the FIR, the only person, who has been named, is one Subhash and rest of the allegations are
omnibus.
Learned counsel for the petitioner further submits that the similarly situated co-accused, namely, Dinesh, Suraj, Kesra Ram and Jalam Chand @ Jhala
have already been granted bail by a coordinate Bench of this Hon'ble Court vide order dated 18.02.2021 (CRLMB No.986/2021) and order dated
05.03.2021 (CRLMB No.3175/2021), respectively.
Learned Public Prosecutor though opposes the bail application, but is unable to refute the aforesaid factual matrix or to show that the case of the
present petitioner is distinguishable from that of the co-accused persons, who have already been granted bail.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time
and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section
439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Papiya @ Popiyaram S/o Shanker Lal shall
be released on bail in connection with FIR No.143/2020 of Police Station Phalasiya, District Udaipur provided he executes a personal bond in a sum of
Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on
each and every date of hearing and whenever called upon to do so till the completion of the trial.