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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.