Rakesh vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This is IV application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.297/2018 registered at Police Station Manasa, distt. Neemuch (M.P.) under Sections 8/15, 29 of NDPS Act.

It is alleged that 41.500 kg poppy straw was seized from the possession of co-accused Ranjit Singh and the applicant has been implicated on the basis of memorandum of the co-accused u/S.27.

Counsel for applicant submits that co-accused Ranjit Singh and Kalu Singh have been granted bail by this court in M.Cr.C. No.39340/2018 and M.Cr.C. No.50439/2018.

Counsel for State opposed the prayer mainly on the ground that there are seven criminal cases of NDPS Act against the applicant. He is habitual offender.

Counsel for applicant submits that in other case he has been granted bail.

After hearing learned counsel for parties and taking into consideration that the main accused persons from whom the contraband was seized have been granted bail the quantity of the contraband is noncommercial quantity, 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 Rakesh shall be released from custody upon furnishing a personal bond of Rs.1,00,000/- (Rupees One lakh Only) with one surety of the like amount to the satisfaction of the Ld. Court below on the condition that he shall not indulge in any offence during bail and if he indulges in any offence, the prosecution may file application for cancellation of bail. The applicant shall mark his presence before the concerned P.S. on every 15th of month during trial.

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 release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct applicant 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 transportation from the jail till the place of residence.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

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 Ld. Court below.