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Judgment
Atul Sreedharan, J
This is an application under section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail on behalf of the applicant, who i s
apprehending his arrest in connection with Crime No.1071/2020, for offences under sections 379 & 34 of the IPC, registered at Police Station
Panagar, District Jabalpur.
The applicant is accused to have participated in the act of theft of food grain which was harvested and kept on the field of the complainant. There are
two eyewitnesses in this case Bablu Tiwari and Anil Patel. They have given their affidavits to the effect that they have not given any statement
against the applicant herein and neither they have witnessed the applicant being involved in the theft. Learned counsel for these witnesses has also
appeared before this Court and has supported the case of the applicant. The applicant is a patient who has been diagnosed with a cancerous tumor in
the brain and is undergoing radiotherapy. The documents in support of the same are Annexure A/3 onwards. The said documents go to show that the
applicant is suffering from Glioblastoma Grade IV.
Looking at the facts and circumstances of the case especially the illness of the applicant herein, which the medical documents reflect that the
applicant is suffering from Glioblastoma Grade IV, I am inclined to allow the instant application for grant of anticipatory bail on behalf of the applicant.
Accordingly, I direct that in the event of his arrest, he be released on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/
(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer, subject to the conditions
enumerated in section 438(2) of the Code of Criminal Procedure, 1973, subject of his cooperation in the investigation and that he shall appear before
the police as and when required for the purpose of joining investigation.
Certified copy as per rules.