Vikas @ Vikki Kaithvas vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

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

The applicant is in custody since 01.11.2020 in connection with Crime No.1027/2020 registered at Police Station-Piplani, Distt.-Bhopal (M.P.) for the offence punishable under Section 8/20 of NDPS Act, 1985.

As per prosecution story, on 01.11.2020, Police Station-Piplani, received an information that some persons were transporting contraband ganja by Car bearing registration No. M.P.20/FA-6025. Thereafter, police official reached the spot. Then Present petitioner-accused and co- accused were coming by vehicle No. M.P.20FA-6025. They stopped the said vehicle and searched. Thereafter, 10 Kg contraband ganja has been seized from the possession of the present petitioner-accused.

Learned counsel for the petitioner-accused submits that petitioner- accused has been falsely implicated in this case. He has no previous criminal antecedent under Section NDPS Act. So, there is no probability to repeat the said offence. The mandatory and obligatory provisions of NDPS Act has not been complied with in this case. The seized contraband ganja comes under the purview of the medium quantity. He is in jail since 01.11.2020. Charge-sheet has been filed. He is a labour and bread earner of his family. If he will be kept in judicial custody for unlimited period then future of his family will be spoiled. Conclusion of trial will take time for final disposal. There is no probability of his absconding or tampering with the prosecution evidence. The accused/petitioner ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the petitioner prays for grant of bail to the petitioner.

Per-contra, learned Panel Lawyer opposes the bail application. After hearing arguments of the parties and looking to the facts and circumstances of the case as also the facts that petitioner has no previous criminal antecedent, so there is no probability to repeat the said offence by him, seized contraband ganja comes under the purview of the medium quantity, petitioner is in jail since 01.11.2020, charge-sheet has been take time for final disposal, there is no probability of petitioner's absconding or tampering with the prosecution evidence, he is a labour and bread earner of his family, so in view of this Court, it is not appropriate to keep the petitioner-accused in jail during whole trial, therefore, without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that petitioner-Vikas @ Vikki Kaithvas be released on bail on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent sureties of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before the trial Court on the dates given by the concerned Court.

In view of the outbreak of 'Corona Virus disease (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 in suo moto 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.

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

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.