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Judgment
Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus
(COVID-19).
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.155/2012, Police Station Chanderia District Chittorgarh for the offences under Sections 396, 341, 323, 324, 326, 302, 201, 395, 120-B of IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted by learned counsel for the petitioner that the charge sheet in the case has been filed. He further submits that co-accused persons
Sahjad, Mohd. Arif, Mohd. Khalid, Umar Farukh, Farukh S/o Idrish have already been acquitted by the learned trial court vide order dated 30.11.2016
in Sessions Case No.65/2014. The case of the present petitioner stands on a better footing than the case of co-accused persons who have already
been acquitted by the trial court. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on
bail.
The learned Public Prosecutor opposes the bail. Having regard to the peculiar facts and circumstances of the case as also the present situation of the
country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner Sanna @ Sarafraj S/o Ali Mohammed arrested in connection
with F.I.R. No.155/2012, Police Station Chanderia District Chittorgarh shall be released on bail; provided he 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.