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Judgment
These are first bail applications under Section 439 of Cr.P.C. for grant of bail on behalf of the applicants who are implicated in Crime No.221/2019 registered at Police Station -Kshipra District Indore for the offence punishable under Sections 34(2) of M.P. Excise Act. The applicants are in jail since 22.08.2019 & 23.08.2019.
As per the prosecution story, on a discreet information on 15.07.2019, the police has intercepted the Bolero Vehicle bearing Registration No. MP-09-CR-7994 and tried to stop, but they did not stop the vehicle and tried to fled away from the spot. Thereafter, they left the vehicle near the houses and ran away. Later on, they were identified as Sandip @ Babban Yadav who was found sitting in the driver seat and other co-accused as Bal Bihari who was found sitting on the next seat. On search, 89 bulk liters of illegal liquor was found in the vehicle.
Learned counsel for the applicant Sandip @ Babban submits that the applicants have falsely been implicated, they have not committed any offence and one of the co-accused Bal Bihari has been granted bail by the co-ordinate Bench of this Court vide order dated 18.10.2019 passed in MCRC No.42549/2019. Babban Yadav has been made accused as he was found on the driver seat of the vehicle, he is aged about 19 years and having no criminal antecedents.
Shri Anand Bhatt, learned counsel appearing on behalf of applicant Girwar submits that he has been made accused on the ground that he is owner of the offending vehicle, but the vehicle is not registered in his name. The police has recovered one agreement, but the vehicle is not registered in his name in the RTO and the said offending vehicle is registered in the name of one Akhilesh Shukla. Hence, the applicants are entitled for bail.
Govt. Advocate opposes the bail application by submitting that Bal Bihari and Sandeep @ Babban Yadav both have been identified in the video clipping and Girwar purchased the vehicle by way of an agreement, therefore, they are not entitled for bail. He further submits that as per the information received, there is no criminal antecedents of the applicants.
I have perused the case diary and other material on record.
Since one of the co-accused Bal Bihari has been granted bail by the co-ordinate Bench of this Court vide order dated 18.10.2019 passed in MCRC No.42549/2019, hence, in order to maintain the parity and considering overall facts and circumstances of the case, without commenting upon the merits of the case, I hereby allow these bail applications and it is directed that the applicants Sandip @ Babban and Girwar shall be released on bail subject to their furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty thousand only) each with one separate solvent surety in the like amount to the satisfaction of the concerned JMFC/CJM for their regular appearance before him or trial Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicants shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
The bail applications stand allowed and disposed of.
Certified copy as per rules.