Mohan Kushwaha vs State Of Madhya Pradesh

S. A. Dharmadhikari, J

The applicant has filed this second application u/S. 439, Cr.P.C. for grant of bail. First bail application was dismissed as withdrawn vide order dated

01.02.2021 passed in M.Cr.C. No. 840/2021.

The applicant has been arrested on 17.12.2020 by Police Station Karariya, District Vidisha (M.P.), in connection with Crime No.271/2020 registered

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

Allegation against the applicant, in short, is that he was found in illegal possession of 2 Kg and 450 gms of Ganja. On the aforesaid basis, crime has

been registered against the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 17.12.2020. It is also

submitted that the quantity of Ganja recovered from the applicant is less than the commercial quantity. Charge sheet has been filed, therefore, no

further custodial interrogation is required. The applicant has no criminal history. Counsel for the applicant submits that in view of COVID-19, outbreak

detention of applicant in already congested prisons may be detrimental. The applicant is permanent resident of District Vidisha (M.P.) and there is no

likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. With

the aforesaid submissions, prayer for grant of bail is made out.

Learned Additional Advocate General for the respondent/State opposed the application contending that on the basis of the allegations and material

available on record, no case for grant of bail is made out and prays for rejection of bail application.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged

pre-trial detention being an anathema to the concept of liberty, 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 namely- Mohan

Kushwaha be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local 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.

T h e applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars,

as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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 tor to the Police Officer, as the case may be;

4 . 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.

A copy of this order be sent to the trial court concerned for compliance.

Certified copy as per rules.