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Judgment
18 paragraphs · 341 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.487/2020, registered at Police Station Hanumantal, District Jabalpur, for the offence punishable under Sections 326, 294, 506 and 34 of IPC.
Applicant's first bail application M.Cr.C.No.38519/2020 was dismissed as withdrawn, vide order dated 21/10/2020.
Learned counsel for the applicant submits that the applicant is in jail since 14/09/2020. He further submits that injuries have been caused by the other
co-accused. There is no specific allegation against the present applicant that he has caused any injury to the complainant. No seizure has been made
from the present applicant. On these grounds he prays for grant of bail to the applicant.
On the other hand, learned Panel Lawyer for the State opposed the bail application.
Considering the rival contentions made by learned counsel for parties, without commenting anything on the merits of the case, I a m 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.