Mo. Asif vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicant's first bail application filed under Section 439 of Criminal Procedure Code, 1973, as he/she is arrested in connection with Crime No.77/2021 registered at Police Station CHIMANGANJ MANDI, DISTRICT UJJAIN for offence punishable under Sections 420, 120-B, 413, 0f IPC. The applicant is in custody since 17/03/2023.

The allegation against the applicant is of criminal breach of trust in respect of 8 trucks out of which three have been seized from other co-accused persons.

Counsel has drawn attention of this Court to the order dated 2.05.2021 passed in MCRC.No.24050/2021, order dated 22/11/2021 passed in MCRC.No.55290/2021 and in MCRC.No.27236/2023 order dated 17/07/2023 wherein the co-accused persons Dilshad, Irfan Khan and Aamin Baig respectively have been already been granted bail by this Court and has submitted that the applicant's application be also allowed on the ground of parity. Counsel for the applicant has submitted that the applicant is lodged in jail since 17/3/2023 although it is wrongly mentioned in the cause title of the bail application and he is in jail since 17.03.2023 and the final conclusion of trial is likely to take sufficient long time and the applicant deserves to be released on bail.

Counsel for the State, on the other hand, has opposed the prayer and however, it is not denied that the case of the applicant is identical to that of other co-accused persons who have been granted bail by this Court.

Having considered rival submissions and taking into consideration the fact that the co-accused persons Dilshad, Irfan Khan and Aamin Baig have been granted bail by this Court vide order order dated 2.05.2021 passed in MCRC.No.24050/2021, order dated 22/11/2021 passed in MCRC.No.55290/2021 and in MCRC.No.27236/2023 order dated 17/07/2023 respectively and the fact that the final conclusion of trial is likely to take sufficient long time and as the applicant is lodged in jail since 17.03.2023, without adverting to 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 a 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 directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

Certified copy as per rules.