Golu Kanjar vs State Of M.P

Sanjay 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.263/2019 registered at Police Station Rahatgaon, District Harda, for the offence punishable under Sections 394, 365 and 411 of the Indian

Penal Code. The first bail application of applicant was dismissed on merit vide order dated 11.12.2020.

Learned counsel for the applicant submits that the other co-accused persons have been granted bail by the Court below but copy of those orders could

not be placed before this Court on earlier occasion, therefore without taking note of those orders, the bail application of the present applicant was

dismissed on 11.12.2020.

Learned Panel Lawyer, on the other hand, has opposed the bail application.

Considering the facts and circumstances of the case and the fact that other co-accused persons have been granted bail by the Court below 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.