Kamlesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 341 MP

                                     1                         MCRC-60302-2021
        The High Court Of Madhya Pradesh
                MCRC No. 60302 of 2021
                    (KAMLESH Vs THE STATE OF MADHYA PRADESH)

Indore, Dated : 06-01-2022
       Shri Anurag Vyas, learned counsel for the applicant.

       Shri Aditya Garg, learned GA for the respondent/State.

Heard.

This is first application filed under section 439 Cr.P.C seeking bail in connection with crime no.91/2018 registered at police station Tanda, District Dhar for the offence punishable under sections 399, 402 IPC and under

section 25B of the Arms Act.

As per prosecution story applicant and four others were found planning of dacoity on 20.05.2018 near village Tarsinga puliya, Tanda Bori Road, which resulted into Sessions Trial No.312/2018. Out of five accused trial was proceeded against Suresh s/o Roopsingh Bhil. Vide order dated 01.10.2019 he has been acquitted by the II ASJ on the ground that prosecution has failed to prove that on 20.05.2018 accused Suresh Singh along with four others have committed dacoity.

Learned counsel for the applicant submits that present applicant is in

jail since 24.8.2020 and the same evidence which came against Suresh is also liable to be considered in his case and there is a likelihood of his acquittal. The co-accused Karan and Kalamsingh were released on bail in MCRC No.26767/20 & MCRC No.5264/2021 respectively. The investigation is over and Challan has been filed. The applicant is ready to obey the conditions imposed by this court, hence the applicant be released on bail on the ground of parity.

Prayer is opposed by the learned Public Prosecutor. I have perused the case diary as well as judgment passed by the trial court. Once the trial court has found that the prosecution has failed to prove such a dacoity, however without further commenting on the merits of the case the application is hereby allowed.

2 MCRC-60302-2021 It is directed that on furnishing a personal bond by the applicant in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial court, he shall be released on bail subject to the condition that he shall make himself available to the police as and when required during investigation and will also remain present before the

trial court as and when directed in that behalf.

It is also directed that the applicant shall abide by all the conditions enumerated under section 437 (3) of the Cr.P.C.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the direction given by the Hon'ble Apex Court in writ petition No.1/2020.

C.c as per rules.

(VIVEK RUSIA) JUDGE Digitally signed by HARI KUMAR C G NAIR hk/ Date: 2022.01.06 17:30:32 +05'30'