Tushar vs State Of Madhya Pradesh

Sujoy Paul, J

IA No.26934/2021, application for ignoring the defects are taken up.

On due consideration for the reasons assigned in the application, IA No.26934/2021 stands allowed.

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.249/2021 registered at Police Station - Aerodrum, District Indore for the offences registered under Sections 188, 420, 120-B, 34 of the Indian Penal Code, u/S.3 of Epidemic Act and section 13 of MP Drugs Control Act. The applicant is in custody since 06.05.2021.

As per prosecution story, only one remdesivir injection was allegedly recovered from the possession of the applicant. Co-accused Nitin has been enlarged on bail vide M.Cr.C No.36175/2021 dated 28.09.2021. This Court in catena of matters has granted bail to similarly situated accused persons.

The prayer is opposed by learned Panel Lawyer for the respondent /State. However, she did not dispute that (i) challan has been filed (ii) in several matters bail granted to the aforesaid accused persons (iii) only one remdesivir injection is recovered from the applicant.

Various Benches of this Court have granted bail in similar matters in M.Cr.C. No.32959/2021 (Yatindra Verma v/s The State of Madhya Pradesh), M.Cr.C. No.30046/2021 (Sudhir Soni v/s The State of Madhya Pradesh), M.Cr.C. No.32527/2021 (Virendra Dhakad v/s The State of Madhya Pradesh), M.Cr.C. No.29728/2021 (Abhishek v/s The State of Madhya Pradesh), M.Cr.C. No.26420/2021 (Ankit Saluja v/s The State of Madhya Pradesh), M.Cr.C. No.34382/2021 (Bhupendra v/s The State of Madhya Pradesh), M.Cr.C. No.26337/2021 (Dilpreet Singh v/s The State of Madhya Pradesh), M.Cr.C. No.33423/2021 (Bhupendra Parmar v/s The State of Madhya Pradesh), M.Cr.C. No.32468/2021 (Kumari Kavita v/s The State of Madhya Pradesh), M.Cr.C. No.31325/2021 (Ahshan Khan v/s The State of Madhya Pradesh), M.Cr.C. No.34922/2021 (Narendra Raj @ Anand v/s The State of Madhya Pradesh), M.Cr.C. No.35228/2021 (Maksood Alam v/s The State of Madhya Pradesh), M.Cr.C. No.36878/2021 (Sushma Sahu v/s The State of Madhya Pradesh), M.Cr.C. No.37108/2021 (Gaurav Lodhi v/s The State of Madhya Pradesh), M.Cr.C. No.33379/2021 (Dheeraj Sajnani & Another v/s The State of Madhya Pradesh), M.Cr.C. No.29155/2021 (Sandeep v/s The State of Madhya Pradesh), M.Cr.C. No.30460/2021 (Vaibhav Tripathi v/s The State of Madhya Pradesh), M.Cr.C. No.39409/2021 (Mrs. Sonia Shukla v/s The State of Madhya Pradesh), M.Cr.C. No.39245/2021 (Jaideep & Others v/s The State of Madhya Pradesh), M.Cr.C. No.38815/2021 (Rohit Prajapati v/s The State of Madhya Pradesh), M.Cr.C. No.38858/2021 (Harsh v/s The State of Madhya Pradesh), M.Cr.C. No.29862/2021 (Aseem Bhale v/s The State of Madhya Pradesh), M.Cr.C. No.38603/2021 (Rajshree Malviya v/s The State of Madhya Pradesh), M.Cr.C. No.39393/2021 (Mrs. Jasmeet Kaur Mokha v/s The State of Madhya Pradesh), M.Cr.C. No.33960/2021 (Sumeet v/s The State of Madhya Pradesh), M.Cr.C. No.35106/2021 (Dilip v/s The State of Madhya Pradesh), M.Cr.C. No.29600/2021 (Hariram v/s The State of Madhya Pradesh), M.Cr.C. No.31484/2021 (Nauman Saeed v/s The State of Madhya Pradesh), M.Cr.C. No.40821/2021 (Rohit v/s The State of Madhya Pradesh), M.Cr.C. No.37666/2021 (Srajan Singh Rajput v/s The State of Madhya Pradesh), M.Cr.C. No.40172/2021 (Arshad v/s The State of Madhya Pradesh), M.Cr.C. No.36191/2021 (Raja Tiwari & Others v/s The State of Madhya Pradesh), M.Cr.C. No.22681/2021 (Ankit & Another v/s The State of Madhya Pradesh), M.Cr.C. No.3676/2021 (Harshit Kesarwani v/s The State of Madhya Pradesh), M.Cr.C. No.30929/2021 (Deepak v/s The State of Madhya Pradesh), M.Cr.C. No.26730/2021 (Deepak Gupta v/s The State of Madhya Pradesh), M.Cr.C. No.31399/2021 (Amit Mishra v/s The State of Madhya Pradesh), M.Cr.C. No.33713/2021 (Akash Dubey v/s The State of Madhya Pradesh), M.Cr.C. No.26889/2021 (Pritesh Sakleeha v/s The State of Madhya Pradesh), M.Cr.C. No.30535/2021 (Ankit v/s The State of Madhya Pradesh), M.Cr.C. No.26912/2021 (Bajrang v/s The State of Madhya Pradesh) and M.Cr.C. No.2337/2021 (Mansingh Meena v/s The State of Madhya Pradesh) to similarly situated persons. The bail in similar matter was rejected in M.Cr.C. No.39073/2021 (Sarvar Khan v/s The State of Madhya Pradesh) on 11.08.2021. The Apex Court granted bail to Sarvar Khan in SLP (Cri.) No.6523/2021 on 06.09.2021. The conclusion of trial in this pandemic era will take time. Hence, applicant may be enlarged on bail.

Considering the aforesaid and without expressing any opinion upon the merits of the case, I deem it proper to enlarge the applicant on bail. Accordingly, the bail application is allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand cancelled without further reference to the Court and the State / prosecution will be free to arrest the accused in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.