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Judgment
Sanjay Dwivedi, J
This is second application on behalf of applicant under Section 439 of the Code of Criminal Procedure for grant of bail.
The first application of the applicant was dismissed as withdrawn vide order dated 17.12.2020 with liberty to the applicant to file a fresh application
after a period of two months. Therefore, availing the said liberty this application has been filed by the applicant.
Applicant is in custody since 30.10.2020 in connection with Crime No. 197/2017 registered by Police Station GRP Chowki Piparia, Districtd
Hoshangabad for the offence registered under Sections 380 and 201 of the Indian Penal Code.
Learned counsel for the applicant submits that as per the prosecution story, applicant has committed theft of a mobile and a gold ring in a running train.
He submits that the applicant is in custody since 30.10.2020. Therefore, considering the custody period of applicant he may be enlarged on bail.
Considering the facts and circumstances of the case and the fact that applicant is in custody since 30.10.2020, without commenting anything on merit
of the case, this application is allowed. It is directed that the applicant be released on bail on 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 trial Court.
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 before his release, 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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