Madhya Pradesh High Court
MCRC/52772/2020 of OM ALIAS VINEET CHOUDHARY Vs THE STATE OF MADHYA PRADESH on 31 December 2020
Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-52772-2020 (OM
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SAN
The High Court Of Madhya PradeshMCRC-52772-2020
(OM ALIAS VINEET CHOUDHARYVs THE STATE OF MADHYA PRADESH)
[31][-][12][-][2020]Jabalpur, Dated :
Heard through Video Conferencing.
Shri C.M. Tiwari, learned counsel for the applicant.
Shri Devendra Gangrade, Panel Lawyer for the respondent/State.
This first bail application under Section 439 of the Code of CriminalProcedure has been filed by the applicant for grant of bail in connection withCrime No.309/2020 registered at Police Station Sohagpur, District Shahdol(M.P.), for the offence punishable under Section 8/20 of the Narcotic Drugsand Psychotropic Substances Act.
Learned counsel for the applicant submits that the applicant is incustody since 14.12.2020. He further submits that the present applicant hasbeen made accused only on the basis of memorandum of main accused fromwhose possession 20 kg and 800 gms of Ganja was seized. It is submittedthat no seizure has been made from the present applicant and according towell settled position of law, memorandum of main accused is not admissiblein respect of present applicant.
On the other hand, Shri Gangrade appearing for the respondent/Stateopposes the bail application. He submits that against the present applicant,one criminal case of the same provision has also been registered.
Considering the aforesaid, without commenting anything on the meritso f the case, I am inclined to consider and allow this bail application.Accordingly, the same is hereby allowed.
It is directed that the applicant-Om alias Vineet Choudhary be releasedon bail upon his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of the like amount to thesatisfaction of the Court concerned for his appearance on the dates given byit. It is further directed that the applicant shall abide by the conditionsenumerated in Section 437(3) of the Code of Criminal Procedure.
Signature Not VerifiedSANDigitally signed by VINODVISHWAKARMADate: 2020.12.31 17:16:00 IST
The jail authority is also directed to ensure that the applicant isexamined by the jail doctor to ascertain that he is not afflicted with theCOVID-19 virus. If the doctor suspects otherwise, the applicant shall bereferred to the appropriate hospital for further management as per theprotocol laid down by the State. In the event the jail doctor is of the opinionthat the applicant can be released, then he shall be released.
Let a copy of this order be forwarded to the concerned trial Courtthrough e-mail.
Certified copy as per rules.
(SANJAY DWIVEDI)V. JUDGE
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