Ramkumar Chaudhari vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 06/09/2021 by Police Station City Kotwali, Distt. Bhind (M.P.) in connection with Crime No.476/2021 registered for offence under Section 8/20 of NDPS Act.

I t is submitted by learned counsel for the applicant- Ramkumar Chaudhari that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 06/09/2021, i.e. for around a month. Learned counsel for the applicant has further submitted that the allegation of recovery of 1.245 Kg Ganja from the possession of the applicant is false. Investigation and thereafter trial will take its own time. It is also submitted that in case of grant of bail, applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned State counsel has vehemently opposed the application and has submitted that there is one criminal antecedent of same nature offence of the applicant. Hence, prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

Considering the facts and circumstances of the present case, and the facts that the applicant is in custody since 06/09/2021 and trial will take its own time, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.

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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7 . The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

The applicant shall mark his presence before the SHO of the concerned Police Station once in every Month till conclusion of the trial.

Let a copy of this order be sent to the Superintendent of Police of Districts Gwalior, Shivpuri, Sheopur, Morena, Bhind, Guna and Vidisha with the direction that they shall issue directions to the SHO of the police stations of their jurisdiction, who shall inform the Magistrate concerned in case of commission of any kind of offence by the applicant. In case any information is received by the Magistrate concerned, he is required to communicate the same to the Principal Registrar of this Bench.

Application stands disposed of in above terms.

E-copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.