Madhya Pradesh High Court

MCRC/9382/2012 of FAROOKH KHAN Vs STATE OF M.P. on 27 December 2012

State of M .P. 27/12/2012 Shri Atul Gupta,

M.Cr.C.No.9382/2012

Farookh Khan Vs. State of M .P.

27/12/2012

Shri Atul Gupta, Advocate for the applicant.

Smt. Sangeeta Pachouri, Public Prosecutor for the respondent/State.

This is first bail application under Section 439 Cr.P.C. filed by the applicant for grant of bail. An offence under Section 392 IPC and 11/13 of MPDVPK Act, vide Crime No.183/2007 has been registered against the applicant at Police Station Kolaras, District Shivpuri.

The learned counsel for the applicant submits that the co-accused Masoom and Bhadur Khan have already been enlarged on bail vide order dated 06/03/2012 & 07/09/2012 in M.Cr.C No.1237/2012 & M.Cr.C No.5323/2012 and it is further submitted that the present applicant has not been identified in TIP. Hence on the ground of parity, prays for grant of bail.

Learned Public Prosecutor opposed the bail application and prayed for its rejection.

Looking to the facts of the case and the nature of the allegations, but without expressing any opinion on the merit of the case, the application is allowed and it is directed that the applicant 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 in the like amount to the satisfaction of trial court for his regular appearance during trial. He shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C.

A copy of this order be sent to the concerning court for compliance. Certified copy as per rules.

(J.K. Maheshwari)

V. Judge

vin*

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