Madhya Pradesh High Court
Manoj Mishra (Pyasi) vs The State Of Madhya Pradesh on 21 May, 2021
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 MCRC-15007-2021
The High Court Of Madhya Pradesh
MCRC-15007-2021
(MANOJ MISHRA (PYASI) Vs THE STATE OF MADHYA PRADESH)
4
Jabalpur, Dated : 21-05-2021
Heard through Video Conferencing.
Shri Sankalp Kochar, counsel for the applicant.
Shri G.S. Yadav, Panel Lawyer for the respondent-State.
Heard.
This is first application on behalf of applicant under Section 439 of the Code of Criminal Procedure for grant of bail.
Applicant is in custody since 02.03.2021 in connection with Crime No. 88/2021 registered by Police Station Kymore, Tehsil Vijay Raghavgarh, District Katni for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code and Sections 3 and 7 of the Essential Commodities Act.
Lear ned counsel for the applicant submits that in identical circumstances this Court has granted bail to the accused facing same allegations. He has referred the order dated 25.03.2021 passed in MCRC No. 15033/2021. He further submits that the offence under Sections 3 and 7 of the Essential Commodities Act is bailable as in number of cases it has been observed that the offence under the aforesaid sections is bailable. Therefore, applicant may be enlarged on bail.
Learned counsel for the respondent-State has opposed the bail application.
Considering the facts and circumstances of the case, without commenting anything on merit, this application is allowed. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum o f Rs.50,000/- with a surety bond of like amount to the satisfaction of the CJM/JMFC/trial Court concerned.
Signature Not Verified SANIt is further directed that the applicant shall abide by the conditions Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2021.05.21 19:11:53 IST 2 MCRC-15007-2021 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.
Certified copy as per rules.
(SANJAY DWIVEDI) V. JUDGE RAGHVENDRA Signature Not Verified SAN Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2021.05.21 19:11:53 IST