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Judgment
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R.
No.284/2018, Police Station- Chanderiya District Chittorgarh for the offences under Sections 147, 148, 149, 395, 396, 323 and 379 of IPC.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
The first bail applications of the petitioners were rejected by this court vide order dated 20.01.2020.
It is submitted by learned counsel for the petitioners that neither any identification parade of the petitioners was conducted nor any identification of the
articles recovered was got done as per law by the investigating agency. He further submits that as per the injuries sustained by the deceased Smt.
Lehri Bai, it cannot be alleged that the cause of death was injuries sustained by the deceased. The medical board has expressed that opinion about the
cause of death shall be given after report of FSL is received. He further submits that as per the report of FSL, no metallic poisons ethyl and methyl
alcohol, cyanide, alkaloids, barbiturates, tranquillizers and insecticides are found in the viscera sent for examination, therefore, the allegations leveled
against the petitioners are baseless. The charge sheet has already been filed in the matter. The conclusion of trial will take sufficiently long time,
therefore, it is prayed that the petitioners may be enlarged on bail.
The learned Public Prosecutor opposes the bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail
application filed by the petitioners deserves to be accepted.
Consequently, the second bail application is allowed. It is ordered that the accused-petitioners Sunil S/o Shyama Kalbeliya, Shyam Lal @ Shyama S/o
Mangi Lal Kalbeliya, Babu S/o Mangi Lal Kalbeliya, Badri Lal S/o Balu Kalbeliya & Sadiya @ Raju @ Ratan S/o Mangi Lal Kalbeliya arrested in
connection with F.I.R. No.284/2018, Police Station- Chanderiya District Chittorgarh shall be released on bail; provided they furnish a personal bond of
Rs.50,000/- (Rupees: Fifty Thousand Only) each 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.