Lala @ Brandavan Patel vs State Of Madhya Pradesh

Mohd. Fahim Anwar, J

This is the second application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime

No.461/2020, registered at Police Station Barhi, District Katni for the offence punishable under Section 8/20 of the N.D.P.S. Act.

His earlier bail application M.Cr.C. No.44299/2020 was dismissed on merits on 02.12.2020.

The case of the prosecution is that, on 19.10.2020 about 450 grams of contraband 'Ganja' and on 20.10.2020 about 4 kilograms of contraband 'Ganja'

have been recovered from the possession of co-accused persons namely Shrikant and Anej @ Arjun Patel. During the course of interrogation, they

have given the information that the said contraband 'Ganja' was supplied to them by the applicant for selling it on commission basis. On that basis,

applicant was also apprehended. During the course of interrogation, he has also admitted his involvement in supplying 'Ganja' to them.

I t is submitted by the learned counsel for the applicant that the applicant is an innocent person. He has not committed any offence and has falsely

been implicated in the case. It is further submitted that the applicant has been made accused on the basis of memorandum of co-accused. Nothing

incriminating has been seized from the possession of the applicant. The applicant was brought from his house on 18.10.2020 by the Police when the

Ganja was not recovered from co-accused in Crime No.459/2020. The Police has intentionally involved the applicant in this crime. It is also submitted

that the applicant is in judicial custody since 19.10.2020. It is further submitted that trial is not yet commenced due to Covid-19 and there is no

possibility of conclusion of trial in near future. There is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, it is

prayed that the applicant be released on bail.

Learned counsel for the respondent/State has vehemently opposed the application and submitted that huge quantity of contraband 'Ganja' has been

seized from the possession of applicant and one more crime of the same nature is also registered against the applicant. In view of the aforesaid, a

prayer has been made for rejection of the bail application.

Although the first application of the applicant for regular bail was rejected on 02.12.2020 and afterward no material change has taken place, however,

keeping in view the facts and circumstances of the case particularly the period of detention of the applicant and also looking to the fact that the trial is

stagnated due to Covid-19 and there is no possibility of conclusion of trial in near future and also in view of the exigency of Covid-19 disease, I am of

the considered view that it would not be proper to keep the applicant in custody.

 Consequently, the application is allowed.

 It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum o f Rs.30,000/- (Rupees thirty thousand only) with

one surety of the like amount to the satisfaction of the committal/trial Court to appear before the Court on the dates given b the concerned Court. It is

directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C.

 In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing.

 Further, in view of the order passed by the Hon'ble Supreme Court suo moto in W.P.No.1/2020, it would be appropriate to issue the following

direction to the jail authority:-

The Jail Authority shall ensure the medical examination of the applicant by the jail Doctor before his release.

The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

This M.Cr.C. stands allowed and disposed of. C.C., as per rules.