BHOPALI Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD the learned counsel on both the sides and perused the case -diary. In this case the charge -sheet was filed against the one accused Harendra. Thereafter, during the course of trial an application under section 319, CrPC was filed, which was allowed and three co -accused persons namely, Lotan Bohre, Vinod and the applicant, Bhopali, were summoned. They moved for anticipatory bail. They were allowed to be released on anticipatory bail by this Court. Anticipatory bail of the present applicant was allowed on 30.11.2000. Thereafter, regular bail application under section 439, CrPC, moved by other co -accused Lotan Bohre and Vinod was allowed by this Court on 12.1.2000. The present applicant has now moved this application under section 439, CrPC. In the previous order dated 30.11.2000, referred to above, allowing the application under section 438, CrPC, it was observed by this Court that the case of the present applicant stands on parity with the co -accused persons Lotan and Vinod. That being the position, and further keeping in view the facts and circumstances of the case coupled with the glaring fact that tie challan was not filed against the present applicant on the basis of the evidence collected during the investigation, 1. I find justification in allowing this bail application. Thus, it is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 40,000/ - with two solvent sureties in the sum of Rs. 20,000/ - each to the satisfaction of the Chief Judicial Magistrate, Bhind, for his appearance in the trial Court concerned.