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Judgment
Anjuli Palo, J
Learned counsel for the applicants prays for withdrawal of this application only in respect of the Applicant No.1- Aneesh Butler. However, he submits that he intends to press this application in respect of Applicant No.2- Javed Khan @ Mota.
In view of the above, this M.Cr.C. is dismissed as withdrawn in respect of Applicant No.1- Aneesh Butler only.
Heard on this application in respect of Applicant No.2- Javed Khan. This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. The applicant has been taken into custody in connection with Crime No.291/2020 registered at police station - City Kotwali, district- Chhatarpur for offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25 and 27 of the Arms Act.
It is contended that the applicant is innocent and he has been falsely implicated. It is further contended that charge-sheet has been filed. The applicant has no criminal antecedent. It is also contended that similarly placed co-accused person, namely, Mohammad Wasim has already been enlarged on bail by this Court vide order dated 24.09.2020 passed in M.Cr.C. No.31050/2020.
On the other hand, learned Panel Lawyer has opposed the application for grant of bail.
Having heard learned counsel for the applicant, taking into account the facts and circumstances of the case as well as keeping in view the principle of parity, without commenting on the merits of the case this application is allowed. Accordingly, it is directed that the Applicant No.2 - Javed Khan @ Mota be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like SAN amount to the satisfaction of the trial Court for his appearance on the dates so fixed by that Court during trial. If the applicant is found involved in similar offence in future, this order of bail shall stand ineffective automatically. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.
Accordingly, the M.Cr.C. is dismissed as withdrawn in respect of Aneesh Butler and M.Cr.C. is allowed in respect of applicant No.2-Javed Khan @ Mota.