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Judgment
17 paragraphs · 345 wordsSanjay Dwivedi, J
This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicants for grant of bail in connection with
Crime No.302/2021 registered at Police Station Kotwali, District Narsinghpur, for the offence punishable under Sections 147, 148, 149, 294. 427, 506,
353, 332 of the Indian Penal Code and Section 3/5 of the Lok Sampatti Niwaran Adhiniyam.
Learned counsel for the applicant submits that the applicants are in custody since 29.04.2021. He further submits that a false case has been been
against the present applicants and they have not committed the alleged offence. He also submits that on the complaint made by the father of the
applicant, an FIR has also been registered against the complainant party vide Crime No.301/2021. He further submits that considering the offence
registered and the maximum period of sentence therein, the present applicants are entitled to be released on bail.
On the other hand, learned Panel Lawyer appearing for the respondent/State has opposed the bail application.
Without commenting anything on the merits, I am inclined to consider and allow this bail application. Accordingly, the same is hereby allowed.
It is directed that the applicants be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) 'each'
with one solvent surety 'each' of the same amount to the satisfaction of the Court concerned for their appearance on the dates given by it.
It is further directed that the applicants 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 the applicants are examined by the jail doctor to ascertain that they are not afflicted with the COVID-
19 virus. If the doctor suspects otherwise, the applicants 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 applicants can be released, then they shall be released.
Certified copy as per rules.