Judgment:
M.Cr.C.No.6937/2012 16/08/2012 Shri Vinot Mishra, learned counsel for the applicants.
Shri C.K.Mishra, learned G.A.for the respondent/State.
Heard finally.
This is the fiRs.bail application filed by applicants under Section 439 of the Cr.P.C for grant of bail.
The applicants have been arrested on 3/04/2012 in connection with Crime No.132/12 registered at P.S.Amarpatan, District Satna for the offence punishable under sections 392 and 395/34 of IPC.
Learned counsel for the applicants submits that applicants have been falsely implicated in the case.
It is further submitted that applicant no.1 Sonu @ Pradeep has not been identified during the test identification parade therefore his case is similar to the case of co-accused Tara Chand Tiwari who has already been enlarged on bail by this Court vide order dated 17/05/12 passed in M.Cr.C.No.5681/2012.
It is submitted that applicant no.2 Pintu @ Shivanand though identified during the test identification parade but his case is similar to the case of co-accused Lalli @ Brajendra Kumar who was also identified during the test identification parade and enlarged on bail by this Court vide order dated 27/06/12 passed in M.Cr.C.No.6867/2012.
Trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicants.
Learned counsel for the State opposes the application.
I have perused the case diary and the orders passed by this Court in said M.Cr.Cs.
During the disposal of application, it is wrongly alleged that point of test identification parade was not raised and considered therefore, the case of applicant no.2 Pintu cannot be said to be the similar of co-accused Lalli @ Brajendra Kumar and I am of the view that it is not a fit case to grant him the bail.
Accordingly, the application in respect of applicant no.2 Pintu @ Shivanand Mishra is hereby dismissed.
As far as the case of applicant no.1 Sonu is concerned, looking the overall facts and circumstances of the case alongwith the nature of allegation made against him, I am of the considered view that it is a fit case to release him on bail.
Therefore, without commenting on the merit of the case, his application is allowed and it is directed that applicant no.1 Sonu @ Pradeep Tiwari shall be released on bail on his furnishing a personal bond in a sum of Rs.35,000/- (Rs.Thirty Five Thousand only) with one surety in the like amount to the satisfaction of Committal Court/trial Court, for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S.SOLANKI) Judge navin