Surendra Singh Sengar vs State Of Madhya Pradesh

S.A.Dharmadhikari, J

The applicant has filed this second application under section 439 of the Cr.P.C. for grant of bail. Earlier application was dismissed as withdrawn vide

order dt.06.04.2021 passed in M.Cr.C.No.17806/2021.

The applicant has been arrested on 20.03.2021 by Police Station â€" Thatipur, District Gwalior (M.P.) in connection with Crime No.184/2021

registered in relation to the offences punishable under Section 8/20 of IPC.

The allegation against the applicant, in short, is that he was found in illegal possession of 4.600 Kg. Ganja. On the basis of aforesaid basis, crime has

been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 20.03.2021. It is further

submitted that dry leaves were recovered from the applicant which can not be counted in the weight of Ganja, which is against the definition. It is also

submitted that in view of COVID-19, outbreak detention of applicant in already congested prisons may be detrimental. Applicant is a permanent

resident of District Gwalior and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the

terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made.

Learned Panel Lawyer appearing for the respondent/State opposed the application by contending that on the basis of the allegations and the material

available on record, no case for grant of bail is made out. It is also submitted that the applicant in his statement himself has stated that he is working

with the co-accused on monthly basis of Rs.7,000/- and thus, he himself admitted that he is doing business of sale and purchase of Ganja. On such

grounds, learned Panel Lawyer prays for rejection of the application.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case, coupled with the fact that trial is not likely to conclude in near future and prolonged pre-

trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on

furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial

Court/committal Court for his appearance on the dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as

well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing,

physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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

The applicant will not seek unnecessary adjournments during the trial; and

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

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

A copy of this order be sent to the Court concerned for compliance.

Certified copy/E-copy as per rules.