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Judgment
After arguing for some time, learned counsel for the petitioners wants to withdraw the bail application of accused- petitioner No.2 Rakesh S/o Om
Prakash. The bail application of accused-petitioner No.2 Rakesh S/o Om Prakash is dismissed as withdrawn.
The present bail application has been filed under Section 439 Cr.P.C. The petitioners Rajesh & Rohit have been arrested in connection with FIR
No.174/2020 registered at Police Station Nasirabad City District Ajmer for the offence(s) under Section(s) 323, 341 & 34 of IPC and later on for the
offence under Sections 323, 341, 325 & 307/34 of IPC.
It is contended by learned counsel for the petitioners that the only injury suffered by victim Rajesh is not attributed to the present petitioners Rajesh &
Rohit who are in custody since 04.12.2020. He submitted that the investigation against the petitioners is complete, they have no criminal antecedents
and prayed for their release on bail.
Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioners,
the nature of allegation against them, their length of custody, absence of criminal antecedents and the material available in the case diary; but, without
expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioners 1. Rajesh S/o Om Prakash & 2. Rohit S/o Rakesh shall be
released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided each of them
furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) each to the satisfaction of the trial court with the stipulation that they shall comply with all the conditions laid down under Section
437(3) Cr.P.C.
In the result, the bail application filed on behalf of accused- petitioner No.2 Rakesh S/o Om Prakash is dismissed as withdrawn and the bail application
filed on behalf of accused-petitioner Nos. 1. Rajesh S/o Om Prakash & 3. Rohit S/o Rakesh is allowed as indicated above.