High CourtsSingle Bench

Vikas vs State Of Madhya Pradesh Station

Madhya Pradesh High Court · Decided on 9 February 2022 · Citation: (2022) 02 MP CK 0075

HON’BLE JUDGES
Vijay Kumar Shukla, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 294, 307 · Arms Act, 1959 — Section 25(1B)(B)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.7067 Of 2022
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Judgment

17 paragraphs · 342 words

Vijay Kumar Shukla, J

This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.224/2020 registered at Police

Station Boda, distt. Rajgarh (M.P.) under Sections 294, 307 of IPC & Sec.25(1B)(B) of Arms Act.

Counsel for applicant submits that the complainant has been examined in the Court and he has not supported the prosecution case.

In view of the statement of the complainant in which he has specifically denied any such incident, I am of the view that the applicant is entitled for

grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one

surety of the like amount to the satisfaction of the Ld. Court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19

VIRUS IN PRISONS in SUO MOTU ""W.P. (C) No.1/2020"" and ensure that the applicant is examined by the jail doctor before his release. If the

applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the

detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall

ensure his transportation from the jail till his place of residence.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled

automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station

concerned. The office is requested to forward a copy of this order to the Ld. Court below.