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Judgment
The matter comes upon an application(01/2020) for deleting the name of the petitioner Nos.1, 2 and 3 for the reason that they have been enlarged on bail by this Court vide order dated 15/01/2020.
For the reasons mentioned in the application, the same is allowed. The amended cause title already filed be taken on record.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.133/2017, Police Station Kelwada, District Rajsamand for the offences under Sections 420 & 406 of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted on behalf of the petitioners that the co-accused Pradeep Choudhary, Raju, Bheru Lal, & Smt. Aruna Jain have already been granted bail by this Court vide orders dated 15/01/2020 & 07/01/2020 and the case of the present petitioners is not distinguishable from the case of the co-accused who have already been released on bail by this Court.
The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioners vis-a-vis the case of the co-accused persons who have been enlarged on bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioners is identical to co-accused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioners are also entitled for the grant of bail under Section 439 Cr.P.C.
Consequently, the bail application is allowed. It is ordered that the accused-petitioners (1) Smt. Pooja Bai D/o Panna Lal W/o Ram Chandra Tak & (2) Ram Chandra S/o Shanti Lal Tak arrested in connection with F.I.R. No.133/2017, Police Station Kelwada, District Rajsamand, shall be released on bail; provided each of them 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.