KULDEEP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of bail relating to Crime/FIR No.376 of 2022 dated (not mentioned) registered at Police Station Athner District Betul, for the offence punishable under Ss. 420, 467, 468, 471, 34 of IPC. Applicant is in jail since 29/5/2023. Learned counsel for the applicant submits that identically situated co-accused Mukesh Rathore have been granted bail by this Court vide order dtd. 19/7/2023 passed in M.Cr.C No. 27649 of 2023, therefore he is claiming parity and praying that applicant may also be enlarged on bail on the ground of parity. O n the other hand, learned counsel for the State has opposed the bail application and tried to establish a case that case of present applicant is not similar to that of co-accused but factually the case of the present applicant and co-accused Mukesh Rathore is almost similar.

(2.) Considering the arguments advanced by the learned counsel for the parties, and order dtd. 19/7/2023 of co-accused/Mukesh Rathore passed in M.Cr.C No. 27649 of 2023, I am inclined to allow this application. Accordingly, without commenting anything on merit of the case, this application is allowed.

(3.) It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000.00 (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it. I t is further directed that the applicant shall abide by the conditions enumerated in Sec. 437(3) of the Code of Criminal Procedure. Certified copy as per rules