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As per prosecution case, in the intervening night of 23-24/07/2019, the applicant and other co-accused Kailash, Tahir, Shakib, Vasim, Raies, Iklakh and Saddam stole a sum of Rs.45,30,700/- from two ATM machines located at Main Branch, S.B.I., Junnardeo and Jaiswal Market, Junnardeo after cutting the ATM machines by the gas cutter. Police arrested the applicant on 11/08/2019 and seized Rs.1,00,000/- and one cash tray of ATM Machine from the possession of the applicant.

Learned counsel for the State opposed the prayer and submitted that the applicant committed theft from two ATM machines after cutting those machines by gas cutter. Police seized Rs.1,00,000/- and one cash tray of ATM machine from the possession of the applicant. Other offences are also registered against the applicant. So, he should not be released on bail.

The case of the applicant is not similar to the co-accused who have been granted bail by this Court vide order dated 14/02/2020 passed in M.Cr.C.No.50121/2019. Against those accused there is no allegation that they took part in the incident. Against them only allegation was that they took share from the stolen property. While against the applicant it is alleged that the applicant and other co-accused took part in the incident and stole the money from two ATM machines after cutting those machines by gas cutter. So, the applicant is not entitled to get bail on the basis of parity.

Police seized Rs.1,00,000/- and one cash tray of ATM machine from the possession of the applicant. Applicant has criminal past, so looking to the allegations, this Court is not inclined to grant bail to the applicant at this stage.

Hence, the M.Cr.C. is rejected.

(RAJEEV KUMAR DUBEY) JUDGE as