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Judgment
20 paragraphs · 333 wordsNandita Dubey, J
This is the first bail application filed by the applicants under Section 438 of the Cr.P.C. for grant of anticipatory bail.
The applicants apprehend their arrest in connection with Crime No.29/2021 registered at Police Station Alipura, District Chhatarpur for the offences
punishable under Sections 454, 506/34 of the I.P.C.
As per prosecution, one Mohan Yadav has lodged a report that five persons including the present applicants entered the palace of Alipura State after
breaking the lock.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter. They have been implicated only on the basis
of memorandum of the co-accused. Further the co-accused, namely Anulhaq and Rakesh Kumar Tripathi, have already been enlarged on bail by this
Court vide order dated 30.4.2021 and 07.6.2021 in M.Cr.C. No.19256/2021 and M.Cr.C. No.26514/2021 respectively. It is prayed that the present
applicants may also be enlarged on bail on the ground of parity.
Learned counsel for the State fairly submits that there are no criminal antecedents against the present applicants.
Considering the aforesaid, I am of the view that it is a fit case to enlarge the applicants on anticipatory bail, therefore, without expressing any view on
the merits of the case, on the ground of parity, this application is allowed.
It is directed that in the event of arrest, applicants shall be released on bail on their furnishing a personal bond in a sum of Rs. 50,000/- (Rs. Fifty
Thousand only) each with one surety in the like amount to the satisfaction of arresting officer.
The applicants shall make themselves available for interrogation by a police officer as and when required. They shall further abide by the conditions
enumerated in sub-section (2) of Section 438 of Cr.P.C.
A typed copy of this order be forwarded by the Registry to the Office o f the Advocate General and to learned Panel Lawyer on their respective
email addresses, for intimation to the police station concerned.
Certified copy/e-copy as per rules/directions.