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Judgment
Anjuli Palo, J
This is first application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant - Deepak Nayan who has been arrested in connection
with Crime No.715/2020 registered at Police Station- Garha district - Jabalpur for commission of offences under Sections 420 and 120B of the Indian
Penal Code. The applicant is in custody since 29.11.2020.
As per the prosecution, the allegation against the applicant is that he was found using an electronic device with a sim of Airtel service provider during
the exam for the post of HEMM Operator in Northern Coalfields Ltd.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is further contended that at the entry gate of the
examination hall, there was a careful scrutiny of the applicant, hence question of taking mobile inside the exam hall does not arise. It is also submitted
that the applicant is a meritorious student and there is no criminal record of the applicant at all.
Learned Panel Lawyer for the State has strongly opposed the bail application.
Considering the facts and circumstances of the case, without commenting on the merits of the case, this application is allowed. It is directed that
Applicant - Deepak Nayan be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with one
solvent surety, in the like amount to the satisfaction of the concerned trial Court for his appearance on the dates so fixed by that Court during trial. The
applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.
Accordingly, the application is allowed and disposed of.
