Sanwriya @ Thawarchand vs State

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

The instant second bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.12/2017, registered at Police Station Salamgarh, District Pratapgarh for the offences under Sections 457 and 380 IPC.

The first bail application submitted on behalf of the petitioner was rejected by this Court giving him liberty to file a fresh one after charges are framed by the trial Court.

The petitioner is in judicial custody for magistrate triable offences from 28.01.2017. Investigation is complete, charge-sheet has been filed and the trial Court has framed charges against him.

Thus, 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 petitioner deserves to be released on bail.

Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Sanwriya @ Thawarchand arrested in connection with the F.I.R. No.12/2017, registered at Police Station Salamgarh, District Pratapgarh shall be released on bail provided he 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.

However, considering that the petitioner is having number of cases of similar nature registered again him, it is directed he shall appear and mark his attendance in the concerned Police Station on the 27th day of every month till the conclusion of trial.