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Judgment
Rajendra Kumar Srivastava, J
Heard on I.A.No.9585/2021, which is an application for permission to change the counsel.
Shri R.P. Thakur, previous counsel on behalf of applicant has no objection.
On due consideration, so also the reasons assigned in the application, duly supported with an affidavit, the same is allowed. The applicant is permitted
to change the counsel.
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure. The applicant is in custody since 26.03.2021, in
connection with Crime No. 175/2021 registered at Police Station- Gorakhpur, District - Jabalpur for the offence punishable under Section 25, 27 of the
Arms Act.
As per prosecution case, on 26.03.2021 one country made pistol and two cartridges were seized from the possession of present applicant-accused.
Learned counsel for the applicant submits that applicant - accused has falsely been implicated in this case. No country made pistol and cartridges
were seized from the possession of applicant-accused. He has no previous criminal antecedent. So there is no probability to repeat the offence.
Applicant -accused is in custody since 26.03.2021, charge sheet has been filed. It is the time of COVID-19 Pandemic due to which trial will take time
for its final disposal. The offence is triable by Judicial Magistrate First Class. Applicant is 19 years old young boy and if he is kept in custody for
unlimited period, then his future will be spoiled.
 There is no probability of his absconding or tampering with the prosecution evidence. On these grounds, learned counsel for the applicant prays for
grant of bail to the applicant.
Learned Panel Lawyer for the respondent-State opposes the bail application.
Considering the contentions of both the parties and the fact that accused/ applicant is 19 years old young boy, he has no previous criminal antecedent
so there is no probability to repeat the offence, the applicant is in jail since 26.03.2021, charge-sheet has been filed, it is the time of COVID-19
Pandemic, due to which conclusion of trial will take time and the offence is triable by Judicial Magistrate First Class, there is no probability of his
absconding or tampering with the prosecution evidence, it would not be appropriate to keep the applicant in jail whole the trial, therefore without
commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby
allowed.
It is directed that applicant-Vishwanath Singh be released on bail on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with
one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court on the dates given by the concerned
Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. Further, in
view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail
authority :-
 1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.
2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in
appropriate quarantine facility.
Certified copy as per rules.