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Judgment
22 paragraphs · 395 wordsSubodh Abhyankar, J
This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.718/2021
registered at Police Station Tejaji Nagar, Indore District Indore (MP) for offence punishable under Section 306 read with Section 34 of the Indian
Penal Code, 1860.
The applicant is in custody since 29.11.2021.
The allegation against the applicant is one of abetment. Counsel for the applicant has submitted that similarly situated co-accused Puja Andani, who
happens to be his wife, has already been granted bail by this Court in Miscellaneous Criminal Case No.62085/2021 vide order dated 22.12.2021 and
the case of the applicant is similar to that case.
Counsel has also submitted that the applicant is in jail since 29.11.2021 and the final conclusion of the trial is likely to take sufficiently long time.
Counsel for the respondent / State, on the other hand, has submitted that the case diary is not available.
Having considered the rival submissions and on perusal of the record as also the earlier order dated 22.12.2021 passed by this Court in Miscellaneous
Criminal Case No.62085/2021 as also the impugned order, this Court is of the considered opinion, that the applicant has indeed made out a case of
parity.
Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed, maintaining parity with co-accused
Puja Andani. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with
one solvent 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 Section
437 (3) Criminal Procedure Code, 1973.
It is also observed that if the applicant is found to be involved in any criminal activities, after his / her release on bail, then the present bail order shall
stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.