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created Sep 12th, 14:06 by Azhar Qureshi



378 words
67 completed
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.198/2020 registered at Police Station Civil Lines, District-Sagar, for the offence punishable under Sections 458, 294, 323, 325, 506, 34, 307, 302, 449, 459, 147, 148 and 149 of the Indian Penal Code. Learned counsel for the applicant submits that the applicant is in custody since 01.01.2021. He further submits that the witnesses, who have seen the incident, were not familiar with the persons who have committed the crime and later on, identification parade was conducted, in which, the present applicant has not been identified. He submits that the present applicant has been made accused on the basis of the memorandum of co-accused Aniket Nema, who has been granted bail by this Court vide order dated 30.04.2021 passed in M.Cr.C. No.1325/2021. Upon these submissions, he prays that the applicant be released on bail. On the other hand, learned Panel Lawyer appearing for the respondent/State although has opposed the bail application but has supported the stand of learned counsel for the applicant that in 1 MCRC-2103-2021 (Sanjay Dwivedi) V. JUDGE identification parade, the present applicant has not been identified. Considering the aforesaid, without commenting anything 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 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.

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