Sheetal Kuchbadiya vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed by the petitioner under Section 439 of the Code of Criminal Procedure.

The petitioner is in custody since 18.12.2020 in connection with Crime No.213/2020 registered at P.S.-Crime Branch, District-Bhopal (M.P.) for the

offence punishable under Section 8/20 of NDPS Act.

As per prosecution story, on 18.12.2020, on receiving an information from an informant, police of concerned P.S. seized 43 kg contraband Ganja from

the possession of co-accused/Dayaram, Arjun @ Bitua and Sunil. They disclosed that they bought contraband Ganja from co-accused/Shelu.

Thereafter, co-accused Shelu was arrested on dated 20.12.2020. 2kg contraband Ganja was seized from the possession of co-accused/Shelu.

Thereafter, co-accused disclosed the involvement of applicant/accused then applicant/accused was arrested and 500 gms. Ganja was seized from the

possession of present applicant/accused.

Learned counsel for the petitioner submits that petitioner is a innocent person and has been falsely implicated in this case on the friendship of other co-

accused. Petitioner/accused has no previous criminal antecedent, so there is no probability to repeat the offence. Petitioner/accused is bread earner of

his family, if he will be kept in custody for unlimited period then future of his family will be spoiled. Seized cannabis is under the purview of less

quantity. Mandatory provision of NDPS is not complied in this case. Petitioner/accused is in jail since 18.12.2020, charge sheet has been filed. Trial

will take time for final disposal. There is no probability of his absconding or tampering the evidence of prosecution witness. On these grounds, learned

counsel for the petitioner prays for allowing this bail application.

 Per-contra, learned Panel Lawyer opposes the bail application. Considering the contention of both the parties and this fact that petitioner has no

previous criminal antecedent, so there is no probability to repeat the offence. Petitioner/accused is in jail since 18.12.2020, charge sheet has been filed,

seized cannabis is under the purview of less quantity, trial will take time for final disposal, there is no probability of his absconding or tampering the

evidence of prosecution witness, in view of the aforesaid, it would not be appropriate to keep the petitioner in jail whole the trial, therefore, without

commenting on merits of the case, application of the petitioner under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby

allowed.

 It is directed that petitioner- Sheetal Kuchbandiya be released on bail on his furnishing a personal bail bond in the sum of Rs. 50,000/- (Rupees Fifty

Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the trial Court on the

dates given by the concerned Court. It is directed that the petitioner shall comply with the provisions of Section 437(3) of the Cr.P.C. In view of the

outbreak of 'Corona Virus diseas (COVID-19)' the petitioner shall also comply the rules and norms of social distancing.

Further, in view of the order passed by the Hon'ble Supreme Court i n suo motto W.P.No.1/2020, it would be appropriate to issue the following

direction to the jail authority :-

The Jail Authority shall ensure the medical examination of the petitioner by the jail doctor before his release.

2 . The petitioner shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried

3 . If it is found that the petitioner is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

Certified copy as per rules.