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Judgment
Subodh Abhyankar, J
This is first bail application of the applicant filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant, in connection with FIR/Crime No.346/2024 Date:-(Not mentioned) registered at P.S.-Pipalranwa, District- Dewas (M.P.) for commission of offence punishable under Sections 409, 420 and 34 of the IPC. The applicant is in custody since 28.12.2025.
Prosecution story, in brief is that the applicant posted as Sarpanch of Gram Panchayat Mundala Dangi, District- Dewas alongwith co-accused persons has wrongfully gained a sum of Rs. 5,33,974/- in a fund allocated by the Madhya Pradesh Government for the purpose of construction of an Aanganvadi Bhawan, 2 CC road and maintenance of Panchayat Bhawan. An FIR was lodged on 02.10.2024 against present applicant and co-accused.
Learned counsel for the applicant/ accused submits that applicant has not committed the offence and has falsely been implicated in the case. It is further submitted that the FIR was lodged belatedly without any cogent explanation and the applicant is lodged in jail since 28.12.2025 . It is further submitted that identically placed co-accused Prem Singh Chouhan has already been granted bail by this Court in M.Cr.C. No.1288 of 2025 dated 14.02.2025, and the case of the present applicant is identical to that of co-accused Prem Singh Chouhan. Thus, it is prayed that, on the ground of parity, present application be allowed.
On other hand learned counsel for the state has opposed the prayer and prayed for rejection of the application and has further submitted that the applicant is having four more criminal antecedents.
On due consideration of submissions and on perusal of the case-diary as also the order passed in M.Cr.C. No.1288 of 2025 dated 14.02.2025, this Court is inclined to allow the present application.
Accordingly, maintaining the parity, without commenting on the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
Accordingly, the application is allowed and disposed of. C.c. as per rules.