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Judgment
19 paragraphs · 346 wordsSanjay Dwivedi, J
This second application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the application for grant of bail in connection
with Crime No.1056/2020 registered at Police Station Panagar, District Jabalpur, for the offence punishable under Section 307 of the Indian Penal
Code.
The applicant's first bail application has been dismissed as withdrawn vide order dated 24.04.2021 passed in M.Cr.C. No.2665/2021 giving liberty to
file fresh application after three months.
Availing the said remedy, this application has been filed. Learned counsel for the applicant submits that the applicant is in jail since 16.11.2020. He
further submits that the applicant has no criminal antecedents, but the incident occurred due to sudden provocation. He also submits that the injuries
sustained by the injured though are grievous in nature, but as per the MLC report those were not dangerous to life. He also submits that considering
the applicant's custody period and also as per the MLC report, he may be enlarged on bail.
Considering the aforesaid though the bail application has been opposed by learned Panel Lawyer, but without commenting anything on the merits, I am
inclined to consider and allow this application. Accordingly, it is allowed.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one
solvent surety of the like amount to the satisfaction of the trial Court.
It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
The jail authority is also directed to ensure that before his release, the applicant is examined by the jail doctor to ascertain that he is not afflicted with
the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the
protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.
Certified copy as per rules.