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Madhya Pradesh High Court · body

2015 DIGILAW 483 (MP)

Virendra Upadhyaya v. State Of M. P.

2015-04-23

J.K.MAHESHWARI

body2015
ORDER : Shri Sushil Kumar Tiwari, learned counsel for the applicants in M.Cr.C. No. 5350/2015. Shri Z. M. Shah, learned counsel for the applicant in M.Cr.C. No. 6059/2015. Shri Punit Shroti, learned Panel Lawyer for the respondent/State. This is first bail application under section 439 of Criminal Procedure Code for an offence under sections 147, 148, 149, 307, 120-B, 393, 427 of Indian Penal Code and under section 25 of Arms Act in connection with Crime No. 55/2015 registered at Police Station Dhooma District Seoni. 2. At the outset the learned counsel for the applicants in M.Cr.C. No. 5350/2015 does not wish to press the application for applicant No. 3 Ravishankar and prayed to renewal after 2 months. 3. Aforesaid prayer is not opposed by other side. Accordingly, it is dismissed as not pressed with respect of applicant No. 3 Ravishankar with the aforesaid liberty. 4. Now the bail application with respect to other applicants Virendra Upadhyaya, Dharmendra Upadhyaya, Shani, Sonu, Sonu @ Satish, Prakash Pasi and Prajanya @ Nanu taken into consideration. 5. Learned counsel for the applicants contends that they are not the main accused in the case and other co-accused Vijay Naidu granted bail by this Court in M.Cr.C. No. 4102/2015 on 15-4-2015. On the ground of parity, prayer is made to enlarge the applicants also on bail. 6. On due consideration of the facts and circumstances of the case, this Court deem it proper to grant bail to the applicants namely Virendra Upadhyaya, Dharmendra Upadhyaya, Shani, Sonu, s/o Ramesh Sen, Sonu @ Satish, s/o Bhagwat Vishvakarima, Prakash Pasi and Prajanya @ Nanu. They be released on bail on their furnishing a personal bond in a sum of Rs. 30,000/- each with a separate surety of like amount to the satisfaction of JMFC concerned or CJM for their appearance in trial Court on the dates so fixed by that Court during trial. It is directed that applicants shall comply the provisions of section 437(3), Criminal Procedure Code. 7. Certified copy as per rules.