MO. DANISH KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to Crime No.134/2023 registered at Police Station Satanwada, District Shivpuri (M.P.) for the offence punishable under Ss. 399, 400, 402 of the I.P.C., Sec. 25/27, 25(2) of the Arms Act, 1959 and Ss. 11, 13 of the MPDVPK Act. As per prosecution story, the allegation against present applicant-accused is that he along with co-accused persons were making plan for committing dacoity.

(2.) Learned counsel for the applicant argued that the applicant is innocent a n d h a s been falsely implicated. The entire prosecution story is highly suspicious. The recovery has already been made; therefore, no further custodial interrogation is required. Learned counsel for the applicant has invited attention of this Court that co-accused persons Amit Kumar Jatav and Janmohammad @ Rahul have already been granted the benefit of bail vide order dtd. 13/10/2023 passed in M.Cr.C. No.46239/2023 and vide order dtd. 20/10/2023 passed in M.Cr.C. No.47468/2023; therefore, he seeks parity. He is in custody since 28/9/2023. The applicant is permanent resident of District Hapud U.P) and there is no possibility of his absconding or tempering with prosecution case. Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection.

(3.) Heard learned counsel for the rival parties and perused the case diary available on record. In view of above, this Court sees no reason to take a different view than the one taken in co-accused Amit Kumar Jatav and Janmohammad @ Rahul, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000.00 (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.