Mahesh Patel vs State Of Madhya Pradesh

Akhil Kumar Srivastava, J

This is the first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail in connection with Crime No. 226/2020 registered at Police Station Jaisinghnagar District Shahdol for the offence punishable under Sections 8/20, 29 of the N.D.P.S. Act.

As per the prosecution case, it is alleged that contraband article (Ganja) around 3 Kg and 400 grms. has been seized from the possession of the present applicant at his house.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The applicant has no criminal antecedents. He is in custody since 19.07.2020 . The applicant is permanent resident of District and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds, prayer is made to enlarge the applicant on bail.

Per contra, learned Govt. Advocate opposes the application; however, he fairly conceded that no criminal antecedent of the applicant under the NDPS act or any other law is reported by the police in the case diary.

Heard counsel for respective parties and perused the case diary. Considering the entire facts and circumstances of the case and looking to the quantity of the contraband article which is an intermediate quantity and the fact that the applicant has no criminal past under the NDPS act or any other law, without commenting on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, the application is allowed. The applicant Mahesh Patel is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020 and ensure, that the Applicant is examined by the jail doctor before his release. If applicant show symptoms of COVID 19, the doctor shall forthwith direct him 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 their transportation from the jail till his place of residence.

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

(1) The applicant will comply with all the terms and conditions of the bond executed by him;

(2) The applicant will cooperate in the trial;

(3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;

(4) The applicant shall not commit any offence during the entire period of bail;

(5) The applicant will not seek unnecessary adjournments during the trial;

(6) The applicant will not leave India without previous permission of the trial Court; and

(7) The applicant shall inform the trial Court about his address and residence in case he moves out from his permanent address for any point of time.

(8) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench. Certified copy as per rules.