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Judgment
8 paragraphs · 301 wordsSanjay Dwivedi, J
This first 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.537/2020 registered at Police Station-Themi, District-Narsinghpur, for the offence punishable under Section 420 r/w 34 of the Indian Penal Code and Sections 3, 7 of the Essential Commodities Act, 1955.
Learned counsel for the applicant submits that the applicant is in custody since 09.03.2021. He further submits that the main accused of the case, who was the Manager of the Fair Price Shop, has been granted anticipatory bail. He submits that the applicant is only a Helper and he is not even named in the FIR, but has been falsely implicated in the case. He also submits that the FIR has been lodged by an incompetent authority under the provisions of the Control Order, 2015. Upon these submissions, he prays that the applicant may be released on bail.
On the other hand, learned Panel Lawyer for the respondent/State opposes the bail application.
Considering the facts and circumstances of the case and also the applicant's custody period, without commenting anything on the merits application. Accordingly, the same is hereby allowed.
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 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.
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