(1.) These applications for bail under Sec. 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.8/2023 registered at Police Station Sardarpura, Jodhpur for the offence punishable under Sec. 382 of the IPC.
(2.) Heard learned counsel for the petitioners as also the learned Public Prosecutor and perused the material available on record. Learned counsel for the petitioners submit that the offence alleged to have been committed by the petitioners is triable by the Court of Magistrate. Challan of the case has already been filed. The petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioners. Per contra, learned Public Prosecutor has opposed the bail applications. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
(3.) Consequently, these bail applications under Sec. 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Sumer Singh @ Sonu @ Sonsa S/o Gangaram and (2) Parmeshwar Nath S/o Shaitan Nath arrested in connection with F.I.R. No.8/2023 registered at Police Station Sardarpura, Jodhpur, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000.00 (Rupees Fifty Thousand) and two sureties of Rs.25,000.00 (Rupees Twenty Five Thousand) each, to the satisfaction of learned trial court, for their appearance before that court on each and every date of hearing and whenever called upon to do so till completion of the trial. A copy of this order be placed in each file.