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Judgment
36 paragraphs · 714 wordsRajendra Kumar Srivastava, J
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 11.12.2020, in connection with Cr i me No.459/2020, registered at Police Station Tirodi, District Balaghat (M.P.) for
the offence punishable under Sections 379, 34, 413 of IPC & 4/21 of Mines and Minerals Act, 1957.
As per prosecution story, on 11.11.2020, police officials of Tirodi, District Balaghat (MP), received an information that some persons were
transporting sand without permit. Thereafter, they reached on the spot and stopped Dumper bearing registration No.MH-36-AA/2791. Co-accused
Mohd. Iliyas Khan and Taufiq Khan were transporting sand without permit by the said dumper. They have no valid permit to transport the sand.
Thereafter, sand and said dumper were seized from the possession of Mohd. Iliyas Khan and Taufiq Khan. Thereafter, co-accused Iliyas Khan stated
that present accused/ applicant sent them to extract sand from Bonkatta Bavanthadi river, then accused/applicant is made as an accused upon the
memorandum of co-accused.
Learned counsel for the applicant submits that accused/applicant has been falsely implicated in this case. He is made as an accused in this case upon
the memorandum of co-accused. No other material is available on record against the accused/applicant. Accused/applicant is not the owner of
Dumper bearing registration No. MH-36 AA/2791. Applicant was not present on the spot and he was not transporting the sand. Accused/applicant is
in jail since 11.12.2020. Charge sheet has been filed. It is the time of COVID-19, so conclusion of trial will take long time in its final hearing. There is
no previous criminal antecedent against the accused/applicant. There is no probability of his absconding or tampering with the prosecution evidence.
The applicant is labour. He is bread earner of his family and if he is kept in custody for an indefinite period, then future of his family would be spoiled.
The accused/ applicant ready to furnish bail as per the order, abiding with all the applicant prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer opposes the bail application.
After hearing arguments of the parties and looking to the facts and circumstances of the case and the fact that accused/applicant is made as an
accused upon the memorandum of co-accused, applicant has no criminal antecedent, there is no other material available on record against the
accused/applicant, the applicant is in jail since 11.12.2020, charge sheet has been filed, the applicant is not the registered owner of seized dumper
bearing registration No. MH-36-AA/2791, the trial wil take time for final disposal due to COVID-19, there is no probability of his absconding or
tampering with the prosecution evidence, the applicant is labour, he is the only bread earner of his family, no custodial interrogation is required in this
case, so it would not be appropriate to keep him in custody during whole the trial, therefore without commenting on merits of the case, application of
the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
 It is directed that applicant-Chandrashekhar be released on bail on his furnishing bail bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with
one surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by
the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of theoutbreak of
'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.
 Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following
direction to the jail authority :-
The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.
2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the applicant is suffering from 'Corona Vi r us disease', necessary steps will be taken by the concerned authority by placing him in
appropriate quarantine facility.
Certified copy as per rules.