ORDER

This is first bail application filed under Section 439 of CrPC, in connection with crime No.458/2021, registered at police station Bistan, District-Khargone (M.P) under Sections 467,468,420 of IPC and Sections 4,6,9 of M.P Govansh Vadh Pratishedh Adhiniyam and Section 11-D of Prevention of Cruelity to Animals Act.

Counsel for the applicant submits that the co-accused persons namely Shahid, Imran and Mehfooz have been granted bail by this Court. According to him the applicant was travelling in the vehicle in which 62 cow progenys were being transported. The applicant is in jail since 17/12/2021. The investigation has been completed, the charge-sheet has been filed, the statement of material witnesses have been recorded and they have not supported the prosecution case. The trial is likely to take long time. Under these circumstances, the applicant be released on bail.

Counsel for the State opposes the prayer for grant of bail, however, he submits that there is no criminal record of the applicant.

After hearing learned counsel for the parties and taking into consideration that identically placed co-accused persons have already been released on bail and there is no criminal record of the applicant, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merit of the case the application is allowed.

It is directed that applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his/her release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his/her transportation from the jail till his/her place of residence. It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

(VIJAY KUMAR SHUKLA) JUDGE Pramod