Saajin vs State Of M.P

Sujoy Paul, J

This is first application filed under section 439 of the Cr.P.C in crime no.45/2021 under section 34(2) and 49-A of the Excise Act and 468, 471, 473

of the IPC registered at police station Daloda, Mandsaur.

Learned counsel for the applicant submits that the applicant is first offender. Challan has been filed. Nothing is recovered from the applicant. The

only allegation against the applicant is that he has taken Rs.2,000/- from co-accused Ayaj and in lieu thereof provided him a mobile phone and two

sims, which were used in transportation of objectionable substance.

It is further submitted that the applicant is arraigned on the basis of memorandum of co-accused Ayaj. For these reasons, co-accused Ayaj was

granted bail vide order dated 06.05.2021 passed in M.Cr.C No.21912/2021. By applying the principle of parity, the applicant may be enlarged on bail.

The prayer is opposed by the learned counsel for the respondent/State. However, he did not dispute that:-

Applicant is arraigned on the basis of said memorandum.

Applicant has no criminal record.

No liquor is recovered from the possession of the applicant.

Challan has been filed.

Considering the aforesaid and by applying principle of parity coupled with the fact that conclusion of trial in this pandemic era in near future is not

possible, without commenting on the merits of the case, I deem it appropriate to allow the present petition.

It is directed that the applicant Saajin S/o Sadiq Khan be released from custody on his furnishing a personal bond in the sum of Rs.35,000/- (Rs.

Thirty Five Thousand) with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and

when required. She shall abide by the conditions enumerated under section 437(3) of the Cr.P.C.