Ravi Choudhary vs State Of M. P

Rohit Arya, J

This is the second repeat application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. His first application was dismissed

as withdrawn on 18/03/2021 passed in M.Cr.C. No.8452/2021. The applicant is in custody since 05/07/2020 in connection with Crime No.257/2020

registered at Police Station Neemuch Cantt, District Neemuch for the offence punishable under Section 8(B)/15 of the Narcotic Drugs and

Psychotropic Substances Act, 1985.

As per the prosecution case, police party seized 54 Kilogram Poppy Straw from from the possession of the applicant. Accordingly, case has been

registered against the present applicant.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present crime. Applicant has no criminal

antecedents and is in jail since 05/07/2020. Investigation is complete and charge sheet has been filed. He is not required for further custodial

interrogation. Applicant is the sole bread earner and because of his jail incarceration, his family is in penury. Besides, looking to the Covid-19 situation,

trial is not likely to conclude early in the near future. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and

conditions, Hon'ble Court deems fit and proper.

Per contra, learned Panel Lawyer for the respondent/State opposes the bail application supporting the order impugned. However, he fairly submits that

on suspicion applicant has been arrested.

At this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic

condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage, the applicant is prepared to deposit a sum of

Rs.50,000/- (Rs. Fifty Thousand only) in the office of Jila Bal Sanrakshan Samiti, Neemuch (State Bank of India Account

No.031854494225 IFSC Code SBIN0030055) for the purpose of providing basic amenities, clothing, food/food items and other essential amenities

required for old age people living in old age homes, vidhwas living in vidhwa aashrams or orphans living in orphanage and also to sufferers of Covid-19

Pandemic in the city of Neemuch in dire need of such amenities/facilities. However, the aforesaid deposit of amount may not influence the pending

trial but is only, for enlargement of applicant on bail.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that applicant who has

no criminal antecedents is in jail since 05/07/2020, investigation is complete and charge sheet has been filed, he is not required for custodial

interrogation. Moreso, due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for

enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the

applicant be released on bail furnishing personal bond in the sum of Rs.1,50,000/- (Rs. One Lac Fifty Thousand Only) with one solvent surety in the

like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and

also comply with the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973 with following further conditions:-

(i) the applicant shall prepare a demand draft for Rs.50,000/-(Rs. Fifty Thousand only) in favour of Jila Bal Sanrakshan Samiti, Neemuch

(State Bank of India Account No.031854494225 IFSC Code SBIN0030055) to be utilized for the purpose of providing basic amenities, clothing,

food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams and orphans living

in orphanage and also to sufferers of Covid-19 Pandemic in the city of Neemuch in dire need of such amenities/facilities and the amount so deposited

shall have no bearing or relevance on the pending trial to the prejudice of the applicant.

(ii)(a) the applicant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the

Principal Registrar of this Bench, for keeping the same in his safe custody.

(ii)(b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over

the demand draft to the concerned authority in that behalf.

(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure

that the same is in relation to the present case.

(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Neemuch is also

directed to maintain a separate account (for production of the record as and when directed for).

(iv) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday of every month between 10:00

a.m. to 12:00 noon.

(v) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as

well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of

Novel Corona virus (COVID-19);

(vi) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the

jail doctor and if it is prima facie found that he is having any symptoms of Covid-19, then the consequential follow up action or any further test

required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

(vii) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail

granted to the applicant.

(viii) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this

Court, this bail order shall stand cancelled automatically.

Observations made on facts touching merits of the case are only for the purpose of deciding the bail application and shall not have any

bearing on the pending trial.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police

station for information and necessary action.

E-certified copy as per rules.