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Judgment
Sujoy Paul, J
This is the second application under Section 439 of the Cr.P.C. for grant of bail to the applicant who is in judicial custody since 24.2.2020 in connection with Crime No.325/2019 for offence punishable under Sections 420, 120-B, 34 of the IPC registered at Police Station-Gopal Ganj, Sagar District-Sagar.
Learned counsel for the applicant submits that his previous application M.Cr.C. No.15972/2020 was dismissed as withdrawn on 2.7.2020. Subsequently on 13.8.2020, this court was kind enough in granting bail to co-accused, Shailendra Chouhan in M.Cr.C. No.26020/2020. Neither the name of present applicant nor Shailendra Chouhan is there in the FIR. The applicant and Shailendra Chouhan were arraigned on the basis of memorandum of co-accused prepared under Section 27 of the Indian Evidence Act. The charge-sheet has already been filed. The custodial interrogation is no more necessary. The applicant has no criminal record and hence, the applicant may be enlarged on bail.
Prayer is opposed by the learned Panel Lawyer. However, he fairly admitted that Challan has been filed.
The applicant's name does not find place in the FIR and co-accused Shailendra Chouhan has been enlarged on bail. In the aforesaid factual backdrop, I deem it proper to grant benefit of parity to the present applicant. Accordingly, it is directed that the applicant, Amit Kumar Kundu be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- complying with the conditions enumerated in Sub-section (3) of Section 437 of the Cr.P.C.
M.Cr.C. is allowed.
C.C. as per rules.