Asha And Others vs State Of M.P

Subodh Abhyankar, J

This is applicants' first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as they are apprehending their

arrest in connection with Crime No.245/2021 registered at Police Station Dwarkapuri, District Indore (MP) for offence punishable under Sections 323,

294, 506, 298, 295/A, 147, 148 and 149 of IPC and Sections 3, 5 of the Dharmik Swantantra Adhiniyam.

At the outset, Counsel for the applicant is claiming parity with co-accused Anupmala Deniyal, who has been granted bail by this Court vide order

dated 24.05.2021 passed in M.Cr.C. No.22381/2021 and prayed that on the ground of parity, applicants may be granted bail.

Counsel for the respondent/State, on the other hand, has opposed the prayer, but has not controverted the parity as claimed by the applicants.

On due consideration of submissions and on the ground of parity and in the facts and circumstances of the case, the custodial interrogation of the

applicants would not be necessary, this Court is of the considered opinion that the applicants have made out a case for grant of anticipatory bail.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicants Asha, Sandeep, Yash, Sharada Babu, Raju and Anand shall

be released on bail, upon their executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) each and furnishing separate

solvent sureties in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicants shall make themselves available for interrogation by a Police Officer, as and when required. Applicants shall further abide by the other

conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973. Accordingly, Miscellaneous Criminal Case

No.25924/2021 stands allowed.

Certified copy as per rules.