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Judgment
Akhil Kumar Srivastava, J
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 721/2021
registered at P.S. Baithan District Singrauli (M.P.) for the offence punishable under section 8/20 (b) of the N.D.P.S. Act.
As per the prosecution story, from the joint possession of the applicants, 1 Kg. 100 gram Ganja was seized.
Learned counsel for the applicants submits that the applicants are innocent and they are in custody since 14.06.2021 and due to Covid situation there is
no progress in the trial. It is further submitted that applicants are first offender and no other case for the similar nature of offence has been registered
against them. There is no likelihood of applicants' absconding and tampering with the prosecution evidence and their further custody is not required in
this case. On the aforesaid grounds, prayer is made to release the applicants on bail.
Learned panel lawyer has opposed the submissions made on behalf of the applicants and prayed for rejection of the bail application however,
conceded the fact that applicants have no criminal antecedents.
Considering the entire facts and circumstances of the case and looking to the quantity of the contraband article which is an intermediate quantity and
period of custody as well as the fact that no other case for the similar nature of offence has been registered against them and in near future there is
no hope that trial will proceed further and will be concluded due to Covid situation, this application is allowed without commenting anything on the
merits of the case. It is ordered that applicant/accused Shyamlal Yadav and Ramkhelawan be released on bail on each of them furnishing a personal
bond for the sum of Rs. 1,00,000/- (Rs. One lac Only) with a solvent surety each in the like amount to the satisfaction of the trial court for securing
their 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 show 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 applicants will comply with all the terms and conditions of the bond executed by them;
The applicants will cooperate in the trial;
The applicant will not indulge themselves 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 applicants shall not commit any offence during the entire period of bail.
The applicants will not seek unnecessary adjournments during the trial;
The applicants will not leave India without previous permission of the trial Court;
The applicants shall inform the Court about their addresses and residence in case the applicants move out from their permanent addresses for any
point of time; and
The applicants 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.