Irshad Khan 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.460/2020, registered at Police Station Ashoka Garden, District Bhopal, for the offence punishable under Sections 323, 328, 506 & 34 of

IPC. Applicant's first bail application M.Cr.C.No.42321/2020 was dismissed as withdrawn with the liberty to move a fresh one after a period of two

months, vide order dated 20/11/2020.

Availing the aforesaid remedy, the present bail application has been filed by the applicant.

Learned counsel for the applicant submits that the applicant is in jail since 13/10/2020. He further submits that co-accused has been granted bail by

this Court, vide order dated 20/11/2020 in M.Cr.C.No.42321/2020. He submits that as per the allegation applicant had beaten the complainant and also

given poisonous medicine to her butin the medical report it has not come that the medicine which was given to the complainant was poisonous. He

submits that considering the custody period of present applicant, he may be released on bail. On the other hand, learned Panel Lawyer has opposed

the bail application and submits that the co-accused has been granted bail on the medical ground, therefore, applicant cannot claim any parity with him.

Considering the rival contentions made by learned counsel for the parties and taking note of the fact that the applicant is in jail since 13/10/2020, I am

of the opinion that the applicant can be enlarged on bail, therefore, without commenting on the merits of the case, the bail application of the applicant 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 in 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.

A copy of this order be forwarded to the concerned trial Court through E-mail.