Ravinandan Tiwari vs Satate 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.276/2021

registered at Police Station - City Kotwali Sidhi District-Sidhi for the offence punishable under Sections 8/21, 22 of NDPS Act & Section 5/13 of

Drugs Control Act.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. No offence under Section 8/ 21, 22 of NDPS

Act & Section 13 of Drugs Control Act has been made out against the applicant. It is further stated that the applicant has been made an accused only

on the basis of memorandum of co-accused person. It is also submitted that the applicant has no criminal past. It is submitted that if the applicant is

enlarged on bail, he will not abscond or flee from justice and he is ready and willing to abide by any reasonable conditions that may be imposed against

him in the event of admitting him on bail. He is in custody since 11.06.2021. The applicant is permanent resident of the district Sidhi 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 Panel Lawyer has opposed the application and prayed for its rejection and fairly submitted that the applicant has no criminal

antecedent.

Heard learned counsel for the respective parties and perused the entire documents available on record including the PDF case diary. From a perusal

of the record, it is seen that the applicant has been made an accused only on the basis of memorandum of co-accused person and nothing has been

seized from the possession of the present applicant.

Taking into consideration the facts and circumstances of the case and the fact that applicant has been made an accused only on the basis of

memorandum of co-accused person, without expressing any opinion on the merits of the matter, this application is allowed. It is ordered that applicant

be released on bail on his furnishing a 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 trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during 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 shows 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 :-

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

The applicant will cooperate in the trial;

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, as the case may be;

The applicant shall not commit any offence during the entire period of bail.

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court;

The applicant shall inform the Court about their address and residence in case the applicant moves out from his permanent address for any point of

time; and

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

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.

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.

Certified Copy on payment of usual charges.