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Judgment
Vishnu Pratap Singh Chauhan, J
Heard on this first application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.
The applicant is in jail since 24/6/2020 in connection with Crime No.285/2020, registered at Police Station-Simariya, District- Panna for the offences under Sections 395, 397 of IPC.
The case of the prosecution against the applicant, in short, is that applicant along with other co-accused stopped the victim, took him inside forest, beat him and snatched mobile and Rs.20,000/- from his possession and thereafter fled from the spot. FIR lodged by the victim. During investigation identification parade has been conducted in which victim identified six persons. After investigation, charge sheet has been filed.
Learned counsel for the applicant submits that the applicant has falsely been implicated in the case. It is further submitted by him that other co-accused have already been enlarged on bail and the act of the applicant is at par with the act of co-accused. After investigation, charge-sheet has been filed and the applicant is not required for any further investigation. Trial will take considerable time for its disposal. In such circumstances, it is prayed that the applicant may be enlarged on bail.
On the other hand, learned Panel Lawyer for the respondent/State opposes the bail application and submits that applicant was very well involved in the incident.
Having heard learned counsel for the parties, perused the case diary. All other co-accused persons have been enlarged on bail. The act of the applicant is similar to that co-accused and only difference is that mobile of victim was seized from the possession of the applicant.
Perused the whole evidence. Victim in FIR stated that there were four persons who stopped him and took inside the forest and committed loot, but, during test identification parade, he identified six persons including applicant. The act of the applicant is having parity with other co-accused who have already been enlarged on bail. After investigation, charges sheet has been filed and the applicant is not required for further investigation and trial will take considerable time. In these circumstances, this Court is inclined to allow this application. Hence the application is allowed.
It is directed that applicant-Bijju alias Brijpal Singh shall 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 of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.
Certified copy as per rules.