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2022 DIGILAW 575 (MP)

Sahil @ Jahid @ Bachha v. State of Madhya Pradesh

2022-04-07

SUBODH ABHYANKAR

body2022
JUDGMENT Subodh abhyankar, J. - They are heard and perused the case diary. This is the applicant's third bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.209/2021 registered at Police Station-Khajrana, District-Indore(MP) for offence punishable under Sections 394, 398, 34 of the IPC. The applicant is in custody since 05.3.2021. applicant's first bail application M.Cr.C.No.33409/2021 was dismissed by this Court on merit on 20.7.2021 and subsequently bail application M.Cr.C. No.52322/2021 was also dismissed on 25.11.2021 Counsel for the applicant has submitted that co-accused Fardeen @ Bhaiya has already been granted bail by this Court in M.Cr.C.No.15705/2022 dated 30.3.2022 and the case of the applicant is identical as from the possession of the applicant an amount of Rs. 29,500/- has been seized, whereas from the possession of co-accused Fardeen more than Rs.47,000/- has been recovered. It is further submitted that the complainant has already been examined in court and has not supported the case of the prosecution. It is also submitted that the applicant is in jail since 05.3.2021 and the final conclusion of the trial is likely to take long time. In such circumstances, on the grounds of parity, it is prayed that the application be allowed and the applicant be released on bail Counsel for the State, on the other hand, has opposed the prayer. On due consideration of the rival submissions and on perusal of the case diary as also the deposition of the complainant and the earlier order passed by this Court in respect of the co-accused Fardeen @ Bhaiya, this Court finds force with the contention raised by the counsel for the applicant. accordingly, without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. However, looking to the criminal antecedents of the applicant, it is also directed that the applicant shall mark his presence before the concerned police station on every Sunday between 2.00 to 4.00 p.m. It is further observed that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. Certified copy, as per rules.