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Judgment
S.B. Criminal Misc. Bail Application No. 8722/2020 S.B. Criminal Misc. Bail Application No. 7828/2020 S.B. Criminal Misc. Bail Application No. 8723/2020 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 applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.211/2019, Police Station Sameja Kothi, District Sriganganagar for the offence under Sections 307, 323, 341, 34 & 143 of the IPC.
Heard learned counsel for the parties. Perused the material available on record.
Learned counsel for the petitioners submit that the parties have entered into a compromise outside the Court. The fact of the compromise is not disputed by the learned counsel for the complainants. Therefore, it is prayed that the petitioners may be enlarged on 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 petitioners on bail.
Consequently, the present bail applications filed under Section 439 of Cr.P.C. are allowed. It is ordered that the accused- petitioners -(1) Sunil Kumar S/o Shri Manphoolram (2) Charanjeet Singh @ Channu S/o Shri Kashmir Singh (3) Gurmej Singh S/o Sh. Bachan Singh arrested in connection with F.I.R. No. 211/2019, Police Station Sameja Kothi, District Sriganganagar 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) 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. S.B. Criminal Misc. Bail Application No. 8724/2020 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 application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.211/2019, Police Station Sameja Kothi, District Sriganganagar for the offence under Sections 307, 323 & 341/34 of the IPC.
Heard learned counsel for the parties. Perused the material available on record.
Learned Public Prosecutor has vehemently opposed the bail application.
Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend the benefit under Section 438 Cr.P.C. to the petitioner. Accordingly, the application preferred by the petitioner under Section 438 Cr.P.C. is hereby rejected.
However, it is submitted on behalf of the petitioner that the petitioner is ready to surrender before the concerned court, which may consider his bail application on the same day.
Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the petitioner- Ankit Kumar S/o Shri Brajlal surrenders before the trial Court on or before 23.10.2020 and file a bail application there, the Court concerned shall consider his bail application preferably on the same day in accordance with law.
