BANTY GOSWAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application under Section 439 of Cr.P.C for grant of bail. The applicant has been arrested on 22.05.2019 by Police Station Inderganj District Gwalior in connection with Crime No.174/2019 registered in relation to the offence punishable u/Ss. 392 of IPC read with 11/13 of M.P.D.V.P.K. Act.

(2.) It is the submission of learned counsel for the applicant that applicant has falsely been implicated in the case. He has not committed any offence in any manner. Learned counsel has further submitted that co-accused-Omi Kushwah has already been extended the benefit of bail vide order dated 04.10.2019 in M.Cr.C No.38239/2019, therefore, he seeks parity and prayed for grant of bail. He is in custody since 22.05.2019. Charge sheet has already been filed on 16.08.2019. He is ready to abide by all the conditions as may be fixed by the Court. Upon these grounds, he prays for bail.

(3.) Learned Public Prosecutor for the respondent/State opposed the prayer and submits that merely by filing of charge-sheet does not entitle for grant of bail. He further submits that there is specific allegation against the present applicant and has been identified in the TIP. He fairly submits that he is a habitual offender and one offence is similar in nature bearing Crime No. 83/2019 registered at Police Station, Indarganj, Distt. Gwalior against the present applicant. He prays for dismissal of the bail application.