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2020 DIGILAW 331 (MP)

Yusuf v. State Of M. P.

2020-02-29

PRAKASH SHRIVASTAVA

body2020
JUDGMENT 1. Heard on the question of grant of bail. 2. This is an application made by the applicant under Section 439 Cr.P.C. for grant of bail during trial. 3. Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused. 4. The applicant is facing trial for offence punishable under Section 394, 365, 120-B of the IPC registered with Police Station Daloda, District Mandsaur, in Crime No.158/19. 5. Learned counsel appearing for the applicant submits that the incident took place on 2.11.2019 and the FIR was lodged on the next day and as per the FIR the truck was looted by four unkonwn persons, who have later been identified as Abdul Matin, Gulshan, Imran S/o Jahid and Javed. He further submits that the only allegation against the present applicant is that he had escorted the looted vehicle. He also submits that similar allegation was against the coaccused Imran @ Irfan who has been granted bail by order dated 11.2.2020 passed in M.Cr.C. No.6134/20, therefore, the applicant is also entitled to bail on the ground of parity. He has also pointed out that the applicant is in custody since 21.12.2019. 6. In reply, learned counsel for the State has opposed the application for grant of bail but has not disputed the ground of parity. 7. On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for applicant. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed . 8. The applicant-Yusuf S/o Majid Kha is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 35,000/- (Rs. Thirty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed. The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court. C.C. as per rules.