Arif @ Raju vs State Of M. P

Rohit Arya, J

This is the first bail application under Section 439 Cr.P.C. on behalf of the applicant. The applicant is in custody since 25/10/2018 in connection with

Crime No.236/2018 registered at Police Station â€" Malhargarh, District Mandsaur (M.P.) for the offence punishable under Section 8/15 of the

Narcotic Drugs and Psychotropic Substances Act, 1985.

As per prosecution story, on 25/10/2018 police made a raid and the present applicant was found in possession of 162 Kilograms poppy straw.

Accordingly, case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present crime. applicant is in jail since

25/10/2018. Investigation is complete and challan has been filed. He is not required for further custodial interrogation. Applicant is the sole bread

earner and because of his jail incarceration, his family is in penury and on the verge of starvation. Besides, looking to the COVID-19 situation, trial is

not likely to conclude early in the near future. Under such circumstances, the applicant deserve to be enlarged on bail on such terms and conditions,

Hon'ble Court deems fit and proper.

Per contra, learned Panel Lawyer supporting the impugned order opposes the bail application with submission that the applicant has been bound to be

in conscious possession of the contraband. He does not deserve to be enlarged on bail in light of Section 37. He further submits that the applicant is

having a similar case registered under the NDPS Act in the year 2016.

Upon hearing learned counsel for the parties and in the obtaining facts and circumstances but, without touching on merits of the contentions so

advanced, regard being had to the fact that the applicant is in custody since 25/10/2018, not required for further custodial interrogation. Hence, he is

held entitled for enlargement on bail.

At this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic

condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage and due to outbreak of COVID-19 Pandemic, the

applicant is prepared to deposit a sum of Rs.2,00,000/-(Rupees Two Lacs only) in favour of Jila Bal Sarakshan Samiti,

Mandsaur (Bank of India Account No.912910210000074 IFSC Code BKID0009129) for the purpose of providing basic amenities, clothing, food/food

items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams or orphans living in

orphanage and also to the sufferers of Covid-19 Pandemic in the city of Mandsaur in dire need of such amenities/facilities. However, the aforesaid

deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is in jail

since 25/10/2018, investigation is complete and charge sheet has been filed, he is not required for custodial interrogation. Moreso, due to COVID-19

pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the

applicant be released on bail on his furnishing personal bond in the sum of Rs.5,00,000/- (Rupees Five Lacs only) with one solvent surety in the like

amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also

comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall prepare a demand draft for Rs.2,00,000/-(Rupees Two Lacs only) of any Nationalized Bank in favour of Jila Bal Sarakshan

Samiti, Mandsaur (Bank of India Account No.912910210000074 IFSC Code BKID0009129) to be utilized for the purpose of providing basic amenities,

clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams and

orphans living in orphanage and also to the sufferers of Covid-19 Pandemic in the city of Mandsaur in dire need of such amenities/facilities and the

amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.

(ii)(a) the applicant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar

of this Bench, for keeping the same in his safe custody.

(ii)(b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft

to the concerned authority in that behalf.

(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in

relation to the present case.

(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Mandsaur is also

directed to maintain a separate account (for production of the record as and when directed for).

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

noon.

(v) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as

well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of

Novel Corona virus (COVID-19);

(vi) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the

jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test

required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

(vii) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail

granted to the applicant.

(viii) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this

Court, this bail order shall stand cancelled automatically.

Observations made on facts touching merits of the case are only for the purpose of deciding the bail application and shall not have any bearing on the

pending trial.

Learned State counsel is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police

station for information and necessary action.

E-certified copy as per rules.