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[Cites 7, Cited by 6]

Madhya Pradesh High Court

Navjot Sandhu vs The State Of Madhya Pradesh on 20 May, 2019

                          1

              HIGH COURT OF MADHYA PRADESH

                        MCRC No.19846/2019

                (Navjot Sandhu Vs The State of M.P.)

Gwalior, Dated : 20.05.2019

      Shri Anant Kumar Bansal, learned counsel for the applicant.

      Shri M.M.Tripathi, learned Public Prosecutor for the respondent

/State.

Shri Rahul Chauhan, learned counsel for the complainant. The applicant has filed this first bail application under section 438 of Cr.P.C. for grant of bail.

The applicant apprehends his arrest in connection with Crime No.234/2019 registered at Police Station Dabra City, District Gwalior in relation to the offences punishable under Sections 341, 323, 324, 506 and 34 of IPC.

Learned counsel for the applicant submits that the applicant has been falsely implicated. Allegation against the applicant is that he has caused injury to the complainant. He has not committed any offence. There is no overt act of the applicant in the FIR. There is no criminal antecedent against the applicant. There is no possibility of his absconding or tampering with the prosecution case. Co-accused Satvindar Sandhu has been enlarged on bail by order dated 04.05.2019 passed in M.Cr.C.No.18191/2019. Under these circumstances, he prayed for bail and seeks parity.

Learned Public Prosecutor for the State as well as counsel for 2 HIGH COURT OF MADHYA PRADESH MCRC No.19846/2019 (Navjot Sandhu Vs The State of M.P.) the complainant opposed the prayer and prayed for dismissal of the application. The fact of the criminal antecedent of the applicant was not disclosed before this Court.

Heard learned counsel for the parties and perused the case diary. Counsel for the applicant has placed reliance on the order dated 04.05.2019 passed by this Court in M.Cr.C.No.18191/2019. From perusal of the order dated 04.05.2019, it appears that the case of the applicant is based on different footings. There is no parity with the order of the co-accused.

Looking to the facts and circumstances of the case, at this stage it is not appropriate to grant the benefit of bail to the applicant. Consequently, this application for bail stands rejected.

Let copy of this order be given to the learned Public Prosecutor with a direction to keep the same in the concerned case diary.

Certified copy as per rules.

(Rajeev Kumar Shrivastava) V. Judge AK/-

ANAND KUMAR 2019.05.20 13:30:59 +05'30'