MANMATH KUMAR MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) On earlier occasion, time was granted to the State for production of case diary, but still it is not made available. Shri Datt submits that even otherwise the impugned order is descriptive and contains all required facts, therefore, the application for bail can be considered. He further submits that other co-accused have already been granted by the Court as the challan has been filed.

(2.) This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.02/2020 registered at Police Station- R.P.F. Nainpur, District Mandla, for the offence punishable under Section 3(A) of Railways Property (Unlawful Possession) Act, 1966.

(3.) Considering the facts and circumstances of the case and taking note of the fact that the applicant is in jail since 29.01.2020, so also considering the outbreak of pandemic (COVID-19) in the country, I am of the opinion that the applicant can be enlarged on bail, therefore, without commenting on the merits of the case, the bail application of applicant is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court.I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.