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Judgment
Sanjay Dwivedi, J
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.31/2007 registered at Police Station-Kotwali, District-Betul, for the offence punishable under Sections 324 and 24 of the Indian Penal Code.
Learned counsel for the applicant submits that this is a case of bail jump as during the course of trial, the applicant remained absent from the year
2008 as he had gone out for employment, therefore, he was not in connection with his counsel and remained absent during trial and has been arrested
on 23.09.2020. He further submits that if the applicant is released on bail, he would give full cooperation in the trial and would attend each and every
hearing fixed by the Court below so that trial can be concluded expeditiously. Upon these submissions, he prays that the applicant may be released on
bail.
Learned Panel Lawyer appearing for the respondent/State opposes the bail application.
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 subject to the condition that the applicant would remain present before the Court below on each and every
date of hearing fixed by it and would not seek adjournment unnecessarily without any sufficient reason, if that is done, the bail granted to the applicant
shall stand cancelled automatically. The trial Court would conclude the trial within a period of six months from today.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty 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.
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.
Certified copy as per rules.
 Let a copy of this order be forwarded to the concerned trial Court through e-mail.