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Judgment
19 paragraphs · 362 wordsSanjay Dwivedi, J
This second bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with
Crime No.64/2020, registered at Police Station M.P.Nagar, Bhopal District Bhopal, for the offence punishable under Sections 420, 467, 468, 471, 34
and 201 of IPC. Applicant's first bail application was dismissed as withdrawn with the liberty to move afresh after a period of three months.
Availing the said remedy, the present bail application has been filed by the applicant.
Learned counsel for the applicant submits that the applicant is in jail since 09/09/2020. It is further submitted that applicant has falsely been implicated
in this case only on the basis of memorandum of main accused, in which it is stated by him that forged Rin Pustika has been taken from the present
applicant. He submits that there is no criminal antecedents against the present applicant.
On the other hand, learned Panel Lawyer for the State opposed the bail application.
Considering the factual position of the case, without commenting anything on the merits of the case, I am inclined to consider and allow this bail
application. Accordingly, the same is hereby 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.
The Registry is directed to send a copy of this order to the concerned trial Court through e-mail.
Certified copy as per rules.