An accused is entitled to bail if similarly placed co-accused has been granted bail in similar circumstances.

ORDER

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. 2. The applicant is in custody since 21-01-2024 in connection with Crime No.162/2022 registered at Police Station Bhitarwar District Gwalior (MP) for the offence punishable under Sections 397 of IPC and 11/13 of MPDVPK Act.

3. As per prosecution case, on 05.05.2022, complainant Uday Singh, in injured condition, lodged a dehati nalisi against 3-4 unknown persons, alleging that in the night at about 12.30 am, 3-4 unknown persons came on motorcycle and metador van and started committing theft of his 30 sheep (approx) costing Rs. 60,000/- and when he and his wife objected, they started committing marpeet with them. On the basis of aforesaid incident, FIR was lodged. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. It is further submitted that similarly placed co- accused Javed, under similar facts and circumstances, has already been extended the benefit of regular bail by the coordinate Bench vide order dated 10.05.2023 passed in M.Cr.C. No.16781/2023. The applicant claims parity in treatment. Applicant is in custody since 21.01.2024. Applicant is a poor person and due to long jail incarceration, the family is in penury. Applicant shall abide by such terms and conditions as may be deemed fit and proper for his enlargement on bail. Under such circumstances, learned counsel prays for enlargement on bail on such terms and conditions this Court deems fit and proper.

5. Per contra , learned counsel appearing for the State has opposed the prayer supporting the order impugned with the submission that looking to the nature of offence, no exception can be taken in the matter of enlargement of the applicant on bail. Besides, the applicant has criminal history. However, he does not dispute the fact regarding enlargement of the co-accused on bail.

6. Upon hearing learned counsel for the parties, this Court though refrains from commenting upon the rival contentions touching the merits of the case, but regard being had to the fact that the applicant is in custody since 21.01.2024 and similarly placed co-accused Javed has been extended benefit of bail vide order dated 10.05.2023 passed in M.Cr.C. No.16781/2023 passed by the coordinate Bench, in the obtaining facts and circumstances of the case, the applicant is held entitled for enlargement on bail but with stringent conditions.

7. Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.1,50,000/- (Rupees One Lac and Fifty Thousand only) with one local surety in the like amount to the satisfaction of the learned Trial Court concerned and on the condition that he shall remain present before the Court concerned during trial as and when required and shall also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall mark his presence before the concerned

police station on 2nd and 4th Saturday of every month till conclusion of

trial;

(ii) on violation of conditions, State is free to apply for cancellation of bail;

(iii) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuses the bail granted by this Court, this bail order shall stand cancelled automatically.

8. Registry is directed to send copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

Certified copy as per rules.