MCRC/53821/2020 of RAMESHWAR Vs THE STATE OF MADHYA PRADESH on 31 December 2020

The High Court Of Madhya PradeshMCRC-53821-2020

(RAMESHWARVs THE STATE OF MADHYA PRADESH)

Indore, Dated :[31][-][12][-][2020]

Shri Amit Bhatia, learned counsel for the applicant.

Shri Devashish Dubey, learned Panel Lawyer for the respondent/State.

Heard through video conferencing.

This is the first bail application under Section 439 of the CriminalProcedure Code, 1973 filed on behalf of the applicant. The applicant is in jailsince 14.10.2020 in connection with Crime No.388/2020 registered at P.S.,Gandhi Nagar District Indore, for offence punishable under Section 8/20NDPS Act.

As per prosecution story, 9 plants of Ganja, weighing about 2 kg 400grams were found at the backyard of the applicant without any license.Accordingly, case has been registered against the present applicant.

Investigation is complete and chargsheet has been filed.

Learned counsel for the applicant contends that the applicant isinnocent and he has been falsely implicated. The applicant is in custody since14.10.2020. Investigation is complete and challan has been filed. He is notrequired for further custodial investigation. Applicant is the sole bread earnerand due to his jail incarceration, the family is in penury. Looking to prevailingCovid-19 situation, trial is not likely to conclude early in the near future.Under such circumstances the prayer for grant of bail may be considered onsuch terms and conditions as this Court deems fit and proper.

Per contra, learned Panel Lawyer for the respondent opposes the bailapplication supporting the order impugned. However, he fairly submits thatapplicant has no criminal antecedents.

Upon hearing counsel for the parties but without touching merits of thecontentions so advanced, regard being had to the fact that the applicant withno criminal antecedents is in jail since 14.10.2020, investigation is completeand chargsheet has been filed, he is not required for custodial investigation and due to Covid-19 pandemic, the possibility of delay in conclusion of trialcannot be ruled out. Hence, applicant is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439of the Criminal Procedure Code, 1973 is hereby allowed. It is directed thatthe applicant be released on bail on furnishing personal bond in the sum ofRs. 1,00,000/- (Rupees one lakh only) with one solvent surety in the likeamount to the satisfaction of the learned Trial Court and on the condition thathe shall remain present before the Court concerned during trial and alsocomply with the conditions enumerated under Section 437 (3) of CriminalProcedure Code, 1973 with following further conditions:

(i) the applicant shall mark his attendance before the concernedpolice station on 2nd and 4th Saturday every month between 10:00a.m. to 12:00 noon.

(ii) the applicant shall abide by the terms and conditions of variouscirculars and orders issued by the Government of India and the StateGovernment as well as the local administration from time-to-time i n thematter of maintaining social distancing, physical distancing, hygiene, etc., toavoid proliferation of Novel Corona virus (COVID-19);

(iii) the concerned jail authorities are directed that before releasing theapplicant, the medical examination of the applicant be conducted through thejail doctor and if it is prima facie found that he is having any symptoms ofCOVID-19, then the consequential follow up action or any further testrequired, be undertaken immediately. If not, the applicant shall be released onbail in terms of the conditions imposed in this order;

(iv) on violation of conditions, State is free to apply for cancellation ofbail.

(v) in future, if the applicant is found to be involved in such nature ofcases or any other similar criminal cases or misuse the bail granted by thisCourt, this bail order shall stand cancelled automatically; Learned Panel Lawyer is directed to send an e-copy of this order to all Station for information and necessary action.

E-certified copy as per rules.

(ROHIT ARYA)V. JUDGE

shSEHAR HASEENDigitally signed by SEHAR HASEEN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=900ec6fc757798eaeb3df7a32860bd3298415a4d1c2d91436213f2568c8f27da, serialNumber=e7dbba955b262c04b8413251ce7fb6f0b7dba610c57f1559c08bf6c6f5dd40d4, cn=SEHAR HASEEN Date: 2020.12.31 18:04:21 +05'30'