SOHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary/challan papers. This is the repeat fifth bail application filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973, as he/she is implicated in connection with Crime No.345/2020 registered at Police Station GANDHWANI, DISTRICT DHAR (MP) for offence punishable under Ss. 302, 201,34 of IPC. Applicant is in jail since 04/10/2020. His earlier bail application for temporary bail for a period of 15 days on account of marriage of his daughter was allowed by this Court vide order dtd. 21/4/2023 passed in MCRC No.16401/2023.

(2.) Counsel for the applicant has submitted that co-accused Govind has already been granted bail by this Court in M.Cr.C. No.39362/2023 dtd. 27/9/2023, and the case of the applicant is identical to that of co-accused Govind. A copy of the order is also placed on record. It is also submitted that the ballistic report is also negative and the case is of circumstantial evidence only. The applicant is in custody since 4/10/2020.Thus, it is submitted that the applicant be released on bail. Counsel for the State has opposed the prayer. However it is not denied that the case of the applicant is identical to that of co-accused Govind. Having considered rival submissions, on perusal of the case-dairy the documents filed on record as well as the fact that the case of the applicant is identical to that of co-accused Govind. and thus, no distinction can be made and in view of the same, there is no reason to deny the parity to the applicant.

(3.) Accordingly, maintaining parity, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand Thousand) with one local 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 Sec. 437 (3) Criminal Procedure Code, 1973. Certified copy as per rules.