HIGH COURT OF MADHYA PRADESH
SUBODH ABHYANKAR, J
MOHAMMED HAMUD – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent
MISC. CRIMINAL CASE No. 38521 of 2025 | MISC. CRIMINAL CASE No. 39874 of 2025
1] They are heard and perused the case diary.
2] This order shall govern the disposal of both the applications, as they have arisen out of the same Crime No.16 of 2019 registered at Police Station Badgonda, Dr. Ambedkar Nagar (Mhow), District - Indore.
3] M.Cr.C. No.38521 of 2025 is the fourth bail application filed by applicant Mohammad Hamud and M.Cr.C.No.39874 of 2025 is the first bail Signature Not Verified application filed by applicant Shakir. Both the applications have been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita , 2023/ Section 439 of Cr.P.C. as they are implicated in connection with Crime No.16/2019 registered at Police Station Badgonda, Dr. Ambedkar Nagar (Mhow), District- Indore (MP) for offence punishable under Sections 341, 147, 148, 149, 324, 325, 427, 302 & 201 of IPC and Sections 25 of Arms Act. The applicants are in custody since 21.01.2019 and 20.01.2019 respectively. Applicant - Mohammad Hamud's earlier bail applications have already been dismissed as withdrawn.
4] Counsel for the applicants have submitted that the applicants are lodged in jail since 21.01.2019 and 20.01.2019 respectively, and as such they have already completed more than 6 years and 7 months of incarceration. It is also submitted that identically placed co-accused persons, namely, Mohd. Zaid and Noorjahan, who have also completed six years and five months of custody, have already been granted bail by this Court in M.Cr.C. Nos.33632 of 2025 and 29215 of 2025 dated 14.08.2025 and 24.07.2025 respectively. Thus, it is prayed that on the ground of parity, present applications be also allowed.
5] Counsel for the State has opposed the prayer.
6] On due consideration of submissions, perusal of the case-diary as also the orders passed in M.Cr.C. Nos.33632 and 29215 of 2025, and the period of incarceration of the applicants, this Court is inclined to allow both the applications.
7] Accordingly, without commenting on the merits of the case, both Signature Not Verified the applications filed by the applicants are hereby allowed. The applicants are directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with separate solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they 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.
8] Accordingly, both the applications are allowed and disposed of.
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