AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
20 paragraphs · 381 wordsSubodh Abhyankar, J
This is the First application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.434/2020 registered
at Police Station Birlagram, District Ujjain (MP) for offence punishable under Sections Sections 302 and 120-B of the IPC.
The applicant is in custody since 19.11.2020.
At the outset, Counsel for the applicant is claiming parity with co-accused Tousif S/o Raseed Kha and Ganpat S/o Bherulal, who have been granted
bail by this Court vide order dated 25.06.2021 passed in M.Cr.C. No.25908/2021 & M.Cr.C. No.14174/2021 and prayed that on the ground of parity,
applicant may be granted bail.
Counsel for the respondent/State, on the other hand, has opposed the prayer, but has not controverted the parity as claimed by the applicant.
On due consideration of submissions and on the ground of parity with co-accused Tousif S/o Raseed Kha and Ganpat S/o Bherulal and in the facts
and circumstances of the case and taking note of the period of incarceration as the applicant is in jail since 19.11.2020 and the Courts are also not
working due to Covid-19 as such final conclusion of trial is likely to take sufficient long time, this Court finds it expedient to allow the present bail
application.
Accordingly, without commenting on 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.50,000/- (Rupees Fifty Thousand Only) with one 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 observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand
cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.