JUDGMENT Mohd. Fahim Anwar, J. - Case diary is available with the learned Panel Lawyer. 2. This is first bail application under Section 439 of Cr.P.C., in connection with Crime No.331/2020, registered at Police Station Ganpatinaka, District Burhanpur, for commission of offence punishable under Sections 457, 380 of IPC. 3. The allegation of the prosecution is that on 26.8.2020 complainant's wife, who was sleeping in another room of their house has raised alarm, upon which the complainant reached there and she narrated him that the applicant who is their neighbour has entered in the room and stolen cash Rs.5,600/- and some silver coins. The report in this regard was lodged by the complainant. During the course of investigation the stolen property i.e cash Rs.5,600/- and silver coins were recovered on the information and instance of the applicant. On that basis aforesaid offence has been registered against the applicant. 4. Learned counsel for applicant submitted that the applicant is an innocent person and he has falsely been implicated in the present offence. The applicant is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that the applicant is in jail since 27.8.2020 and the trial will take time for its final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant. 5. Learned counsel for the respondent/State opposed the bail application and fairly conceded that no criminal antecedents are alleged against the applicant in the case diary. 6. The applicant is a youth of 23 years and is in judicial custody since 27.8.2020. 7. Considering the facts and circumstances of the case, the fact that the applicant is in judicial custody since 27.8.2020 and the exigency of Covid-19 disease, I am of the considered view that it is a fit case to release the applicant on bail. 8. Consequently, the application is allowed. It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with one surety of the like amount to the satisfaction of the committal/trial Court to appear before the Court on the dates given by the concerned Court. It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C. 9.
It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C. 9. In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court suo moto in 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. 10. This M.Cr.C. stands allowed and disposed of. C.C., as per rules.