Mangal @ Dev S/O Madanlal Panchal vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard.

Perused the case diary / challan papers.

This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he is arrested in connection with Crime No.349/2021 registered at Police Station Dindayal Nagar, Ratlam District Ratlam (MP) for offence punishable under Sections 302, 294, 323, 324, 34, 147, 148 and 149 of the Indian Penal Code, 1860.

The applicant is in custody since 16.06.2021.

The allegation against the applicant is that he was also involved in the aforesaid offence wherein the deceased Pradeep Rathore was murdered by the co-accused persons including the main accused Dhawal Sharma.

Counsel for the applicant, at the outset, has submitted that the case of the present applicant is identical to that of co-accused Shubham s/o Shri Mangilal Tank whose bail application Miscellaneous Criminal Case No.50389/2021 has been allowed by this Court vide order dated 21.20.2021.

It is submitted that like Shubham, the name of the present applicant also does not find place in the FIR; and apart from that he has also not been put to Test Identification Parade (TIP), despite the fact that the complainant did not know the applicant beforehand.

Counsel for the respondent / State, on the other hand, has opposed the prayer. However, it is not denied that the case of the applicant is identical to that of co-accused Shubham and that there is no TIP conducted.

On due consideration of submissions and on perusal of the case diary, including order dated 21.10.2021 passed in M.Cr.C. No.50389 of 2021 in respect of the co-accused, this Court finds it expedient to accept the contentions raised by the Counsel for the applicant to allow the application.

Accordingly, maintaining the parity, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) 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) Criminal Procedure Code, 1973.

It is also observed that if the applicant is found to be involved in any of the criminal activities, after his 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.