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Judgment
15 paragraphs · 296 wordsSanjay Dwivedi, J
This is first bail application on behalf of applicant under Section 439 of Cr.P.C.
Applicant is in custody since 03.04.2021 in connection with Crime No. 71/2021 registered by Police Station Mauganj, District Rewa for the offences
punishable under Section 8A, (C), 22 of the NDPS Act and 5-B and 13 of the M.P. Drug Control Act.
The learned counsel for the applicant submits that the present applicant has been made accused on the basis of memorandum of co-accused
Mahendra Singh, who has been granted bail by this Court vide order dated 05.05.2021 passed in MCRC No. 20948/2021. Therefore, applicant may
also be enlarged on bail. Learned counsel for the respondent-State has opposed the bail application.
On due consideration of the facts and circumstances of the case, to Maintain parity,with out commenting anything on merit of the case, this application
is allowed. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with a surety bond in thelike
amount to the satisfaction of JMFC concerned or CJM for his appearance in the trial Court on the dates so fixed by that Court during the trial.
It is directed that applicant shall comply with the provisions of Section 437(3) of Cr.P.C.
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.
Certified copy as per rules.