Mahesh vs State Of MP

Sujoy Paul, J

This is first bail application under Section 439 of Cr.P.C. for grant of bail arising out of Crime No.507/2020 registered at Police Station- Pithampur,

Dhar for the offence punishable under Section 399, 402 of IPC and 25 & 27 of Arms Act.

Applicant is in custody since 15/11/2020.

Learned counsel for the applicant submits that as per prosecution story, the applicant along with other co-accused were making a plan to commit a

robbery in Bank of India. This Court in MCRC No.19253/2021 and 18374/2021 granted bail to similarly situated co-accused Usman and Mustaq. The

bail is also granted to Arjun, another co-accused in MCRC No.14923/2021. Thus applicant may be enlarged on bail.

The prayer is opposed by the learned Panel Lawyer by contending that i) a country made pistol is recovered from applicant; ii) applicant has criminal

record. No doubt applicant has criminal record, however, this Court granted bail to Usman despite criminal record considering the fact that conclusion

of trial in this pandemic era will take time.

Considering the aforesaid and applying the principles of parity, I deem it proper to enlarge the applicant also on bail. Accordingly, the bail application is

allowed.

Applicant- Mahesh S/o Bhagwansingh Chouhan is directed to be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees

Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial court for his regular appearance before the trial court

during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated

under section 437(3) Cr.P.C.

With the aforesaid, the application stands disposed of.

Certified copy, as per rules.