Shubham Yadav vs State Of Madhya Pradesh

Sanjay Dwivedi, J

This first application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.328/2021 registered at Police Station Kotwali, District Raisen, for the offence punishable under Sections 147, 148, 149, 294, 506, 324, 323, 307 and 302 of the Indian Penal Code and 25 and 27 of the Arms Act.

Learned counsel for the applicant submits that the applicant is in jail since 02.09.2021. He submits that other co-accused person namely Udham Singh, similarly situated facing same allegation has been granted bail by this Court vide order dated 09.05.2022 passed in M.Cr.C. No.23130/2022 on the ground that though he was armed with weapon, but no injury of said weapon was found over the body of the deceased. He submits that the present applicant said to have been armed with iron rod, but no injury over the body of the deceased was found by the said weapon. He submits that as per the case of prosecution, the injuries caused by the present applicant to other injured persons, but he has not caused any injury to the deceased and in view of the same, the case of the present applicant, according to him, is similar to that of Udham Singh, therefore, the present applicant is claiming parity.

Shri Gupta, on the other hand has opposed the bail application and submitted that the present applicant has caused injury to the deceased and therefore, his case is not similar to that of Udham Singh. He submits that the present applicant has past criminal antecedents because an offence under Section 323 has been registered against him.

However, I am not convinced with distinction made by the counsel for the State and further past criminal record of a person, cannot be a ground for rejecting the bail application.

Considering the aforesaid and to maintain parity, without commenting anything on the merits of the case, I am inclined to consider and allow the bail application. Accordingly, it is allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.

On being released on bail, the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.