Barelal vs State Of MP

Nandita Dubey, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

The necessary parties have effectively been represented by their respective counsels.

I.A. No.24876/2020, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

Case diary perused.

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested on 08.11.2020 by Police Station-Gulabganj, District Vidisha in connection with Crime No.295/2020 registered in

relation to the offences punishable under Section 8/20 of NDPS Act.

The allegation against present applicant is that one green cannabis plant has been seized from the open place behind his house.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He was not present on the spot when the seizure

was made. Counsel for the applicant further submits that in view of COVID-19, outbreak detention of applicant in already congested prisons may be

detrimental. Applicant is a permanent resident of district Vidisha and there is no likelihood of his absconsion or tampering with the prosecution

evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for

grant of bail is made.

Learned Panel Lawyer though opposed the bail application but fairly submits that applicant has no criminal antecedents.

Considering the fact that a single green cannabis plant has been seized from the open place behind the house of the applicant and he has no criminal

antecedents, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on

furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the

satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him.

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to

time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the petitioner during period of bail

as a consequence of this order.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.