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Judgment
20 paragraphs · 369 wordsSanjay Dwivedi, J
This fourth 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.13/2020 registered at Police Station-Khitaula Bazar, District-Jabalpur, for the offence punishable under Section 8/20 of the Narcotic Drugs
and Psychotropic Substances Act, 1985.
The earlier bail application of the applicant was dismissed on merits vide order dated 20.07.2020 passed in M.Cr.C. No.21283/2020.
Learned counsel for the applicant submits that the another co-accused facing the similar allegations, has been granted bail by this Court vide order
dated 08.01.2021 passed in M.Cr.C. No.217/2021. He further submits that the applicant is in custody since 26.01.2020 and he is claiming parity with
the co-accused saying that his custody period is almost an year, therefore, in pursuance to the bail granted to the other co-accused, he is also entitled
to be released on bail.
Although learned Panel Lawyer appearing for the respondent/State opposes the bail application, but considering the fact that the co-accused has
already been granted bail and to maintain parity, without commenting anything on the merits of the case, I am
I 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 same amount to the satisfaction of the Court concerned for his appearance on the dates given by it.
 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.
A copy of this order be forwarded to the concerned trial Court through e-mail.
Certified Copy as per rules.