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Judgment
Nandita Dubey, J
This is the repeat (second) bail application filed by the applicant under Section 439 of the Cr.P.C. Earlier bail application was dismissed on merits by a
Co-ordinate Bench of this Court on 09.06.2020 in M.Cr.C. No.12330/2020.
The applicant has been arrested by Police Station Bijawar, District Chhatarpur (M.P.) in connection with Crime No.200/2019 registered in relation to
the offences punishable under Sections 394, 395, 120-B of IPC and Sections 25, 27 of the Arms Act. He is in custody since 02.12.2019.
The allegation against the present applicant is that he along with other co-accused persons committed dacoity and looted the complainant of a sum of
Rs.1,92,500/-. The specific allegation against the present applicant is that he called the other co-accused for committing the dacoity.
Learned counsel for the applicant has pointed out that the present applicant has not been identified in the Test Identification Parade (TIP) and has
been made an accused only on the basis of memorandum. It is submitted that the complainant has identified only three persons namely Ahsan Ali,
Naeem Mansoori and Rashid Khan. It is submitted that a recovery of Rs.10,000/- has been shown from him. It is further stated that the present
applicant has no criminal antecedents against him.
Learned counsel for the State has opposed the bail application. However, she has not disputed the fact that the present applicant has been impleaded
as an accused on the basis of memorandum of other co-accused. Further, she has also not disputed the fact that the present applicant has not been
identified in the TIP. She has fairly submitted that the present applicant has no criminal antecedents recorded against him. Considering that another
co-accused namely Manpyare Rajput against whom the allegations of similar been made has already been enlarged on bail by this Court o 26.07.2021
in M.Cr.C. No.27124/2021, this application is also allowed on the ground of parity.
It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one
surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court and for
complying with the conditions enumerated under Section 437(3) of the Cr.P.C.
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned counsel for the State, on
their respective email addresses for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned
Court below also.
Certified copy/e-copy as per rules/directions.