Lucky Thakur @ Jai Kumar vs State Of Madhya Pradesh

Maninder S. Bhatti, J

This is the first application filed by the applicant under section 439 Cr.P.C. for grant of regular bail relating to FIR/Crime No.85/2023 dated (not mentioned) registered at the Police Station, Belbagh, District Jabalpur (M.P.) for the offence punishable under sections 324, 353, 332, 201 and 34 of the Indian Penal Code.

Learned counsel for the applicant contends that the main accused Purohitatma alias Rohit and other co-accused Akki @ Akshay Sharma, have already been released on bail by this Court.

It is contended by the learned counsel that the present applicant has been falsely implicated.

This Court while considering the fact that no test identification parade was carried out and also the fact that the offence is triable by Judicial Magistrate First Class, therefore, the present applicant is also entitled for grant of bail while keeping in view the principle of parity.

Learned counsel for the State does not dispute that the present applicant stands in similar footing as of the accused persons, who have already been enlarged on bail.

Upon taking into consideration the case diary and submissions advanced on behalf of the parties, as co-ordinate Bench of this Court vide orders dated 01-05-2023 and 12-05-2023 passed in M.Cr.C. No.18393/2023 and M.Cr.C. No.20277/2023 respectively, has enlarged other identically placed co-accused persons on bail and case of the present applicant stands in similar footing, this Court deems it proper to release the present applicant on bail.

Considering the aforesaid, without commenting on merits of the case, this Court is inclined to direct release of the applicant on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

(i) . The applicant will comply with all the terms and conditions of the bond executed by him;

(ii) . The applicant will cooperate in the trial;

(iii) . The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

(iv) . The applicant shall not commit an offence similar to the offence of which he is accused;

(v) . The applicant will not seek unnecessary adjournments during the trial; and

(vi) . The applicant will not leave India without prior permission of the trial Court.

C.c. as per rules.