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Judgment
19 paragraphs · 332 wordsVijay Kumar Shukla, J
On account of prevailing conditions worldwide brought about by the COVID-19 virus, the appeal has been heard through video conferencing in order
to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video conferencing.
Heard and perused the record.
This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.278/2021 registered at Police
Station- Gadarwara District Narsinghpur (M.P.) under Section 379 read with Section 34 of the I.P.C.
It is alleged that the applicant is involved in theft of diesel.
Learned counsel for the applicant submits that the applicant is in jail since 27.03.2021 and charge sheet has already been filed. Investigation is
completed; therefore, it has been prayed that the applicant be released on bail.
Learned Panel Lawyer for the respondent/State on the other hand has opposed the prayer.
Taking into consideration the fact that applicant is in jail since 27.3.2021, charge sheet has been filed and investigation is complete, I am of the view
that the applicant deserves to be enlarged on bail. Therefore, the application is allowed.
It is directed that applicant - Arun Choudhary shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand
Only) with one surety of the like amount to the satisfaction of the learned Court below.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Writ Petition No. 1/2020 and ensure,
that the Applicant is examined by the jail doctor before his release. If the Applicant show symptoms of COVID-19, the doctor shall forthwith direct
him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion
that the Applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till their place of residence.
Accordingly, the application is finally disposed of.