1 M.Cr.C.No.7417 of 2011. 3.11.2011. Applicant by Shri Rajesh Shukla Advocate. Respondent/state by Smt. Sangeeta Pachauri PP. Heard on I.A.No.11422 of 2011 which is an application for urgent hearing. Application is allowed and with the consent of parties, the matter is taken up finally at motion stage. Perused the case diary. The applicant has filed this third application under Section 439 of Cr.P.C for grant of bail. His first application M.Cr.C.No.5352 of 2011 has been dismissed as withdrawn by this Court vide order dated 3.8.2011 and second application I.A.No.5521 of 2011 has been disposed of by this court with liberty to repeat after statement of complainant is recorded in concerned session trial. Now this third application is filed on the ground that co-accused Vinay Kushwah, Vikki alias Rohit Shivhare and Ramesh Shivhare have been enlarged on bail in M.Cr.C.No.5407 of 2011, M.Cr.C.No.5467 of 2011, M.Cr.C.No.4874 of 2011 respectively by benches of this court and another co- accused Arun alias Shainky Shivhare in M.Cr.C.No.5519 of 2011 by this Court. Applicant is arrested in Crime No.42 of 2011 registered for the offence punishable under section 394, 395, 397 and 120B IPC read with section 11,13 MPDVPK Act by PS Utila distt. Gwalior. It is contended on behalf of the applicant that since all the co-accused mentioned above have already been enlarged on bail by benches of this court and the case of applicant is akin to that of co-accused, therefore, on the ground of parity, prayed for grant of bail. Learned PP opposed the application and prayed for its rejection. Considering the facts and circumstances of the case but without expressing any opinion on the merits 2 M.Cr.C.No.7417 of 2011. of the case and considering the ground of parity, this application is allowed and it is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial court on the condition that he shall remain present before the court concerned during trial. The applicant shall abide with the conditions enumerated under Section 437 (3) of Cr.P.C. A copy of this order be sent to the court concerned for information. CC as per rules. (Indrani Datta) Rks JUDGE