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Judgment
The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No. 467/2020
Registered at Police Station Devli, District Tonk for the offence(s) under Sections 16/54 of Rajasthan Excise Act, 1950 and under Section 147, 149,
336, 332, 353, 224 and 225 of IPC and Section 3 of Prevention of Damage to Public Property Act, 1984.
Counsel for the petitioners submits that the petitioners have been falsely implicated in this matter. Counsel further submits that recovery has already
been effected. Counsel further submits that co-accused persons have already been released on bail by the Co- ordinate Bench of this court vide order
dated 13.01.2021 (S.B. Criminal Misc. Bail Application No. 412/2021). Counsel further submits that the petitioners are in custody since 21.12.2020.
Learned Public Prosecutor has opposed the bail application.
Considering the material on record and taking into account the facts and circumstances of the case and considering the fact that co-accused
persons have already been released on bail and also considering the period of custody and without expressing any opinion on the merits of the case,
this petition is allowed. Petitioners be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to
the concerned trial Court through e-mail/fax, for necessary compliance.