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Judgment
Vivek Rusia, J
This is the first bail application filed under section 439 Cr.P.C seeking bail in connection with Crime No.151/2021 registered at police station Bhavgar
District Mandsaur for the offence punishable under section 379 of IPC.
The applicant is in jail since 16.6.2021.
As per prosecution case, the complainant Mohanlal lodged a report on 13.6.2021 that some unknown person has committed threat of 5 house power
water pump from his agricultural field. After registration of FIR, the present applicant was arrested on 15.6.2021 and on his disclosure the water pump
was recovered on 16.6.2021. After his arrest, the police found that he is involved in two other crime of similar nature bearing Crime Nos.7/2021 and
147/2021.
The learned counsel for the applicant submitted that in the aforesaid two cases the applicant has been implicated only on the basis of memorandum
statement of Devilal recorded under section 27 of the Evidence Act and there is no recovery from him and in the aforesaid two cases, he has been
granted bail. So far as the present case is concern, the offence is triable by the Magistrate. Maximum sentence is upto three years. Hence, the
learned counsel for the applicant prays for bail.
The learned counsel for the applicant voluntarily undertakes to donate N95 masks and 20 liters of sanitiser to the concerned police station, if he is
released on bail.
The learned counsel for the respondent State opposes the bail application.
Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to
be released on bail upon his furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with surety in the like amount to the
satisfaction of the Trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated
under section 437(3) Cr.P.C.
Before releasing the applicant from custody, the jail authorities are directed to medically examine in order to rule out the possibility of COVID -19
infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.