VIJAY KUMAR SHUKLA,J - (1.)On account of prevailing conditions worldwide, brought about by the COVID-19 virus the bail application has been heard through virtual/physical modes.
This is the first bail application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of bail in connection with Crime No.520/2020 registered at the Police Station, Waraseoni, District Balaghat, for the offence punishable under Sec. 436, 294 and 506/34 of the Indian Penal Code.

As per prosecution story, on 4/12/2020 in the morning around 08:00 a.m., the complainant had gone for labour work in the village and his daughter and grandson were alone in the house of the complainant. It is alleged that at about 01:30 p.m. in the afternoon his daughter came to the complainant and informed that her husband Shyamlal Ganvir and brother-in-law Balkrishna Ganvir had come to the house and told her to come along with them to Balaghat. When she refused they told that if she will not come along with them, they will burn the house of her father and threatened to kill him. Thereafter, the complainant and the daughter reached the house and saw that the applicant and co-accused intentionally had burnt the house, setting it afire from a matchbox and also burnt clothes and doors of the house. A total damage to the tune of Rs.7000.00 has been caused by the accused persons.

The learned counsel for the applicant submits that the complainant has filed an affidavit before this Court stating that he has no objection to grant bail to the accused-applicant. The wife of the accused, Shyamkrishna Ganvir has also filed an affidavit in this regard.

The applicant is in jail since 25/9/2021 and the investigation is already over and challan has been filed.

The learned counsel for the State has opposed the prayer for grant of bail on the ground that the accused persons have caused damage to the belongings of the complainant intentionally.

However, taking into consideration the totality of the circumstances and the fact that the complainant and wife of the accused - Shyamkrishna Ganvir have already filed affidavits to the effect that they do not have any objection to grant bail to the applicant, I am of the view, that the applicant is entitled for grant of bail.

Accordingly, it is directed that the applicant - Balkrishna Ganvir shall be enlarged on bail upon his furnishing a personal bond of Rs.50,000.00 (Rs. Fifty Thousand only) with one surety of the like amount to the satisfaction of the trial Court. Further, the applicant shall comply with the provisions of Sec. 437(3) Cr.P.C.

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 release.

If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him 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 transportation from the jail till his place of residence.

A copy of this order be forwarded to the Office of the Advocate General on their e-mail address for intimation to the Police Station concerned. The Office is also requested to forward a copy of this order to the learned Court below.

The application is accordingly allowed.

C.c. as per rules.