Rajesh Kumre vs State Of Madhya Pradesh

Mohd. Fahim Anwar, J

This is first bail application under Section 439 of Cr.P.C., in connection with Crime No.242/2020, registered at Police Station Umreth, District

Chhindwara, for commission of offence punishable under Sections 9, 39, 51, 52 of the Wild Life (Protection) Act and section 25/27 of the Arms Act.

The case of the prosecution is that on 19.9.2020 on the information of informer, house of co-accused Kewal Batti was searched and he was found in

possession of one peacock, which was killed by gun. The flesh of the peacock and gun was recovered from the possession of the co-accused Kewal

Batti. On the memorandum of the co-accused Kewal Batti, the applicant has been made accused in the aforesaid crime.

Learned counsel for applicant submitted that the applicant is an innocent person and had falsely been implicated in the present offence. The applicant

is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the applicant is in jail

since 25.11.2020 and the trial will take time for its final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the

applicant.

Learned counsel for the respondent/State opposed the bail application. The applicant is made accused on the basis of memorandum of co-accused

Kewal Batti. No seizure is made from the possession of applicant. Considering the facts and circumstances of the case and the exigency of Covid-19

disease, I am of the considered view that it is a fit case to release the applicant on bail.

Consequently, the application is allowed. It is directed that applicant shall be released on bail on his furnishing personal bond in the sum of Rs.30,000/-

(Rupees thirty thousand only) with one surety of the like amount to the satisfaction of the committal/trial Court to appear before the Court on the dates

given by the concerned Court. It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further,

in view of the order passed by the Hon'ble Supreme Court suo moto in W.P.No.1/2020, it would be appropriate to issue the following directions to the

jail authority :-

The Jail Authority shall ensure the medical examination of the applicant by the jail Doctor before his release.

The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

This M.Cr.C. stands allowed and disposed of. C.C., as per rules.