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Judgment
Vijay Kumar Shukla, J
On account of prevailing conditions worldwide brought about by the COVID-19 virus, the present application has been heard through video
conferencing in order to maintain social distancing. The necessary parties have effectively been represented by their respective counsel via video
conferencing.
Heard and perused the record.
This is first bail application under Section 439 of the Cr.P.C. filed by the applicant f o r grant of bail who is in custody since 27.02.2021 in connection
with Crime No.26/2021 registered at Police Station Kundam, District Jabalpur (M.P.) for the offence punishable under Sections 394 and 395 of the
Indian Penal Code.
Learned counsel for the applicant submits that there is no recovery from the applicant and no identification parade has been conducted. It is further
submitted that the case of the present applicant is similar to the co-accused Jitendra Ahirwar, who has already been enlarged on bail by this Court in
M.Cr.C. No.28370/2021.
Learned counsel for the State submits that there are some criminal cases registered against the applicant.
However, taking into consideration the facts of the present case that there is neither identification nor any recovery from the present applicant, I am of
the view that the applicant is entitled for grant of bail. The application is allowed.
It is directed that Applicant- Vishal a.k.a Daroga Pandey 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 learned Court below.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Writ Petition 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 be forwarded to the Office of the Advocate General and also to Shri Jagat Singh, learned Panel Lawyer, on their
respective email address for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court
below.
Certified copy as per rules.