Madhya Pradesh High Court
Adarsh Rajak @ Mantu vs The State Of Madhya Pradesh on 2 July, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 MCRC-29397-2021
The High Court Of Madhya Pradesh
MCRC-29397-2021
(ADARSH RAJAK @ MANTU Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 02-07-2021
Heard through Video Conferencing.
Shri Vijay Shrivastava, counsel for the applicant.
Ms. Shikha Baghel, Panel Lawyer for the respondent/State.
This is first application filed by the applicant under section 439 of the Code of Criminal Procedure for grant of regular bail.
The applicant is in custody since 11.3.2021 in connection with Crime No.1202/2019 registered at Police Station, Kolgawan, District Satna for the offence punishable under Sections 41(1-4) of the Cr.P.C./379 of the IPC.
Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. Similarly placed co- accused Kapil Balmik has already been released on bail by this Court vide order dated 18.6.2021 passed in M.Cr.C. No. 22030/2021. The applicant is in custody and there is no hope of conclusion of trial in near future on account of situation created due to Covid-19 pandemic, therefore, the applicant may be released on bail on the ground of parity.
Learned Panel Lawyer has opposed the prayer for bail. Considering the over all facts and circumstances of the case, and the fact that similarly placed co-accused has already been released on bail, I deem it appropriate to release the applicant on bail, therefore, maintaining the parity and without commenting on the merit of the case, this application is allowed.
It is directed that applicant Adarsh Rajak @ Mantu shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions 2 MCRC-29397-2021 of Section 437(3) of the Cr.P.C.
It is made clear that if the is found involved in similar offence in future, this order shall become ineffective immediately.
(SMT. ANJULI PALO) JUDGE PB Digitally signed by PRADYUMNA BARVE Date: 2021.07.02 17:24:52 +05'30'