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Judgment
Heard learned counsel for the petitioners 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 petitioners who are in custody in connection with F.I.R. No.90/2017, registered at Police Station Devgarh, District Rajsamand for the offences under Sections 457 and 380 IPC.
FIR of the alleged theft was lodged after a delay of almost 37
days. As per the case diary, the petitioners do not have any criminal antecedents and are in judicial custody for Magistrate triable offences. Co-accused Pintu has been enlarged on bail 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 petitioners deserve to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioners (1) Prakash and (2)Santosh arrested in connection with F.I.R. No.90/2017, registered at Police Station Devgarh, District Rajsamand shall be released on bail provided each of them 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.