Raj Kumar Panika And Others vs State Of Madhya Pradesh

Anjuli Palo, J

This is second bail application under Section 439 of the Cr.P.C. filed on behalf of the applicants who are in custody since 19.01.2021 in connection

with Crime No. 88/2020 registered at Police Station- Bijuri District-Anuppur for offences punishable under Sections 332, 382, 427/34 of the Indian

Penal Code. First application, M.Cr.C. No.7034/2021 was dismissed vide order dated 09.03.2021.

As per the prosecution case, in the intervening night of 18th and 19th March 2020, applicants along with 10-12 persons entered in the Somna Coalory

to steal some trash. When some Government employees tried to stop them, they assaulted the employees and vandalised/damaged some motor-cycles.

Thereafter, applicants and other accused persons were arrested by the Police.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. They are poor labourers and the sole earning

member of their family. Due to Covid-19 pandemic, trial will take considerable time. It is contended that though earlier application was dismissed on

09.03.2021 yet meanwhile co-accused Chawan Singh has been released on bail vide order dated 09.06.2021 passed in M.Cr.C. No.22123/2021,

hence, it is prayed that keeping in view the principle of parity, the applicants be released on bail.

Learned Panel Lawyer for the respondent/State has vehemently opposed the application.

Considering the facts and circumstances of the case, nature of offence and custody period of the applicants as well as the principle of parity, without

commenting on the merits of the case, this application is allowed. It is directed that applicants, namely, Applicant No.1- Raj Kumar Panika and

Applicant No.2- Omkar Singh be released on bail on their furnishing a personal bond in the sum of Rs. 40,000/- (Rupees Forty Thousand only) each

with one solvent surety, each in the like amount to the satisfaction of the concerned trial Court for their appearance before the trial Court on the dates

so fixed by that Court during trial. If the applicants are found involved in similar offence in future, this order of bail shall stand ineffective. The

applicants shall comply with the provisions of Section 437 (3) of the Cr.P.C.

Accordingly, the application is allowed and disposed of.