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Judgment
The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with FIR No. 04/2019, Police Station Railway Police Force, Beawar East-West Railway for the offence punishable under Section 3 of the Railway Property (Unlawful Possession) Act, 1966.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioners submits that the co-accused Mukhtiyar Ali and Firoz @ Azahar @ Sheikh have already been enlarged on bail by this Court vide Orders dated 03.02.2020 and 06.01.2020, respectively. The case of the present petitioners is not distinguishable from the case of the co-accused who have been released on bail by this Court.
Learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioners vis-a-vis the case of the co-accused persons who have been enlarged on bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the case of the present petitioners is identical to co-accused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioners are also entitled for grant of bail under Section 439 of Cr.P.C.
Consequently, the present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioners (1) Shiv Shah s/o Phoolchand Shah, (2) Chhatubhar @ Lambu S/o Vijay Narayan Bhar and (3) Vishal Gupta @ Biththu S/o Mohan Prasad arrested in connection with FIR No. 04/2019, Police Station Railway Police Force, District Beawar East-West Railway shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) (out of which one of the surety will be local surety) 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.