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Judgment
Nandita Dubey, J
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.
The applicant has been arrested by Police Station Kolgawan, District Satna (M.P.) in connection with Crime No.412/2021 registered in relation to the
offences punishable under Sections 394, 120-B, 412 of the IPC. He is in custody since 30.03.2021.
As per prosecution, one Shravan Pathak has lodged a report on 24.03.2021 that three crore rupees cash and three Kg gold bricks which kept inside his
room were looted by unknown persons. After investigation, the present applicant was arrested 30.03.2021.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is submitted that no test identification parade
has been conducted and the charge sheet has already been filed. It is stated that the applicant is a poor labourer and used to work in the fields. It is
further submitted that the co-accused persons have been granted bail by this Court on 12.07.2021 and prayed that on the ground of parity, the present
applicant may be released on bail.
Learned Panel Lawyer for the respondent/State fairly concedes to the fact that no test identification parade has been conducted. It is further
submitted that there are no criminal antecedents against the present applicant.
Considering that the FIR was against the unknown persons and after his arrest n o test identification parade has been conducted till date and the
charge sheet has already been filed, on the ground of parity, this application is also allowed with the condition that on 2nd Saturday of every month, the
applicant will remain present before the concerned police station.
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.