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Madhya Pradesh High Court · body

2020 DIGILAW 960 (MP)

Deep Chandra v. State Of M. P.

2020-09-28

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant. 2. The applicant is in jail in connection with Crime No.232/2016 registered at Police Station Mohangarh, District Tikamgarh, for commission of offence punishable under Sections 420, 34 of IPC. 3. The case of the prosecution, in short, is that, the applicant along with other co-accused duped the victim by selling the brick, alleging that the said brick is of gold metal. But, later on after paying five lacs rupees by the victim, he found that the brick was of brass-metal. The applicant remained abscond. The police after several efforts could not apprehend the applicant. Thereafter, filed charge-sheet against the other co-accused persons showing the applicant to be absconded. 4. Learned counsel for the applicant submits that, applicant has been falsely implicated in this case. Other co-accused persons have been enlarged on bail. The applicant had committed the same act and prays to enlarge the applicant on bail on the ground of parity with other co-accused persons. 5. Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the application and submits that, applicant remained absconded and if he released on bail, there are chances of his absconding and prayed to dismiss this application. 6. Heard learned counsel for the parties and perused the record. The applicant remained abscond and other co-accused have been granted bail, by this court in the year 2016. No doubt, the act of the applicant is similar to the act of the other co-accused persons, who have been enlarged on bail. The applicant remained absconded for a long period of time. He has been arrested on 26.08.2020 considering this fact, this Court is not inclined to extend the benefit of parity to the applicant and release him on bail. 7. In these circumstances, considering the fact that there is a chance of absconding of the applicant, this court is not inclined to release the applicant on bail. 8. Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant- Deep Chandra, stands dismissed.