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Judgment
20 paragraphs · 370 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.647/2020 registered at Police Station-Amarwara District Chhindwara (M.P.), for the offence punishable under Section 379 of IPC.
The applicant's first bail application was dismissed as withdrawn, vide order dated 02/11/2020 passed in M.Cr.C. No.40786/2020 giving liberty to the
applicant to file afresh after a period of two months. Availing the said remedy, the present application has been filed.
Learned counsel for the applicant submits that the applicant is in custody since 28/09/2020. He further submits that in the same offence, co-accused
Shahid @ Raja has already been enlarged on bail by this Court, vide order dated 02/11/2020 passed in M.Cr.C. No.40786/2020. Upon these grounds,
he prays for grant of bail to the applicant.
Learned Panel Lawyer appearing for the respondent/State opposes the bail application.
Considering the aforesaid and also the fact that the co-accused person has already been enlarged on bail by this Court, without commentinganything
on the merits of the case, I am 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 Court concerned for his appearance on the dates given by it.
 I t 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.
 Let a copy of this order be forwarded to the concerned trial
 Court through e-mail.
 Certified copy as per rules.