JUDGMENT Sanjay Dwivedi, J. - Heard. 2. This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicants for grant of bail in connection with Crime No.366/2020 registered at Police Station-Ashta, District-Sehore, for the offence punishable under Sections 457 and 380 of the Indian Penal Code. 3. After arguing at length, the counsel for the applicants seeks withdrawal of bail application in respect of applicants No.2 and 3 with liberty to file afresh after a period of two months. 4. Accordingly, the bail application is dismissed as withdrawn with the aforesaid liberty in respect of applicants No.2 and 3, namely, Rana and Rahul, only. 5. Heard this bail application in respect of applicant No.1-Suraj Singh. 6. Learned counsel for the applicant submits that the applicant is in custody since 30.05.2020. He also submits that the present applicant is aged about 59 years and at present physical hearing is not being conducted in the Court. Upon these submissions, he prays for grant of bail to the applicant No.1. 7. Learned Panel Lawyer appearing for the respondent/State opposes the bail application. 8. Considering the aforesaid circumstances and taking into account the age of applicant No.1, namely, Suraj Singh and his custody period so also the fact that due to outbreak of pandemic (COVID-19) physical trial is not being conducted in the Court, without commenting anything on merits, I am inclined to consider and allow this bail application in respect of applicant No.1-Suraj Singh. Accordingly, the same is hereby allowed. 9. It is directed that applicant No.1 be released on bail upon his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety of the same amount to the satisfaction of the Court concerned for his appearance on the dates given by it. 10. It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure. 11. The jail authority is also directed to ensure that 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.
11. The jail authority is also directed to ensure that 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 applicant No.1 can be released, then he shall be released. 12. A copy of this order be forwarded to the concerned trial Court through e-mail.