JUDGEMENT
RAJEEV KUMAR SHRIVASTAVA,J. -
(1.)The applicant has filed this second application under Sec. 439 Cod of Criminal Procedure for grant of bail. Earlier first bail application of the applicant was dismissed as withdrawn by this Court vide order dtd. 09/06/2022 in M.Cr.C. No.26276/2022.
Applicant has been arrested on 15/05/2022 by Police Station Dehat, District Bhind (M.P.) in connection with Crime No.411/2021 registered for offence under Ss. 392 and 397 of IPC and Sec. 11, 13 of M.P.D.V.P.K. Act.
(2.)It is submitted by learned counsel for the applicant that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is innocent and he is in custody since 15/05/2022. Omnibus allegations have been made against the present applicant. It is further submitted that in the TIP, the applicant has not been identified. There is no criminal history against the present applicant. Trial will take its own time. Earlier co-accused Shayamu Kushwah and Lallu @ Prem Singh have been released on bail vide order dtd. 08/04/2022 and 22/4/2022 passed in M.Cr.C. Nos. 17546/2022 and 19885/2022 respectively, therefore, he seeks parity. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant.
(3.)Learned State counsel has vehemently opposed the prayer and has submitted that in the present case, the present applicant along with other co-accused have fired over the vehicle, due to which, the aforesaid vehicle has been damaged. Hence, learned State counsel prayed to reject this application filed for grant of bail to the applicant.
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