Madanlal vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is fourth application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.72/2019 registered at Police Station - Jawad, district Neemuch (M.P.) under Sections 8/15 and 25 of NDPS Act.

The earlier bail application was dismissed as withdrawn.

As per prosecution story, upon a secret information police intercepted Scorpio and Bolero Pickup and seized total 3 Quintal 49 Kg. of contraband substance (Poppystraw) from the possession of co-accused Raju and Prakash. Counsel for the applicant submits that nothing has been recovered from the possession of applicant. He has been implicated in the present crime only

on the basis of memorandum of co-accused under section 27 of the Evidence Act. Co-accused Raju and Prakash have already been granted bail by this court. According to the prosecution case, the present applicant was driving the vehicle in which the contraband was being transported, however it is alleged that present applicant had fled away from the spot. It is submitted that applicant has not been identified by any of the witnesses. The statement of seizure witnesses have been recorded and they have not supported the prosecution case. Applicant is in jail since 9.10.2020. Investigation is complete and chargesheet has been filed and conclusion of trial will take time. In these circumstances, the applicant be released on bail.

Counsel for the State opposes the prayer for grant of bail and submits that there is one criminal case registered against the applicant for the offence under section 457 and 380 of IPC.

After hearing learned counsel for applicant and taking into consideration that there is no material to connect the present applicant with the commission of alleged offence as he has not been identified by any of the witnesses, co-accused persons from whom the contraband substance is alleged to have been seized, have already been granted bail by this court, further investigation is complete chargesheet has been filed and conclusion of trial will take sufficient long time, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that Applicant- Madanlal shall be released from custody upon furnishing a personal bond of Rs.2,00,000/- (Rupees Two Lacs Only) with one surety of the like amount to the satisfaction of the court below.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his/her release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him/her to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his/her transportation from the jail till his/her place of residence.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

C.c. as per rules.