Madhya Pradesh High Court
Prashant Barman vs The State Of Madhya Pradesh on 16 July, 2021
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-50933-2019
The High Court Of Madhya Pradesh
MCRC-50933-2019
(PRASHANT BARMAN Vs THE STATE OF MADHYA PRADESH)
24
Jabalpur, Dated : 16-07-2021
Heard through Video Conferencing.
Shri N.P. Dubey, learned counsel for the applicants.
Shri Ashok Sinha, learned PL for the respondent/State.
Case diary is available with the learned panel lawyer for the State. This is the fourth bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.151/2019 registered at P.S. Hanumantal District Jabalpur (M.P.) for the offence punishable under section 8/20 of the NDPS Act.
His previous bail applications were dismissed on merit vide order dated 25/03/2019 in M.Cr.C. No.10205/2019, order dated 15/05/2019 in M.Cr.C. No.19024/2019 and order dated 02/07/2019 in M.Cr.C. No.26093/2019.
As per the prosecution story, on an information received from an informant, the police party has intercepted a Maruti Car bearing No.20 CC- 4902 and seized 21.200 kg Ganja from the possession of applicant and co-
accused persons.
Learned counsel for the applicant submits that the applicant is innocent and is in custody since 24.02.2019. It is further submitted that there is no discriminatory article has been seized form the possession of applicant. Counsel for the applicant also submitted that there is a vital kind of discrepancies in the investigation conducted by the police and prima facie it reveals that just to implicate the applicant, a false evidence has been planted by the police. His incarceration is causing great hardship to himself and his family. Apart from this, he submits that in the identical circumstances this Court recently vide order dated 27.04.2021 has extended the benefit of bail to the concerned accused persons namely in the matter of Bablu Barela vs. Signature Not State of M.P. , in M.Cr.C. No.17147/2021, in the matter of Premsingh SAN Verified Digitally signed by RASHMI RONALD VICTOR Date: 2021.07.16 17:11:11 IST 2 MCRC-50933-2019 Barela vs. State of M.P. and others in M.Cr.C. No.17144/2021, and in the matter of Paarsingh vs. State of M.P. in M.Cr.C. No.19029/2021. In the aforesaid cases, the concerned three accused persons were found in possession of 21 Kg Ganja. The concerned applicants were in jail since 08.07.2020 and there is no criminal antecedents against the concerned applicants. Further in the case of T. Mani Kanta vs. State of M.P. , this Court vide order dated 03.05.2021, has extended the benefit of bail to the concerned applicant in M.Cr.C. No.12625/2021. In the aforesaid case, 31 Kg Ganja was found from that applicant. The applicant was enlarged on bail considering the period of custody of the concerned applicant. In addition, he submits that this Court in the case of Kalyan Chakravarti vs. State of M.P. vide order dated 24.04.2021 in M.Cr.C. No.16514/2020, has granted bail to the concerned applicant. In the case of Kalyan Chakravarti (supra), the applicant was found in possession of 39 Kg contraband substance and he was taken into custody on 20.02.2020. He was enlarged on bail looking to the period of his custody so also on the ground of present Covid-19 Scenario. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicants be released on bail.
Learned panel lawyer has opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application.
Heard learned counsel for both the parties and perused the entire material available in record.
Keeping in view the entire facts and circumstances of the case and the period of incarceration of the applicant as well as the fact that the co-accused has already been enlarged on bail by this court and keeping the concept of parity in mind, this Court is of the considered view that the applicant may be enlarged on bail, hence, without commenting on the merits of the matter, the application is allowed. The applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One lac only) with one surety bond in the like amount to the satisfaction of the 3 MCRC-50933-2019 concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of 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 shows 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 :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself 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;
4. The applicant shall not commit any offence during the entire period of bail;
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court;
7. The applicant shall inform the Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time; and
8. The applicant shall not contact any of the other accused persons in
4 MCRC-50933-2019 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.
(AKHIL KUMAR SRIVASTAVA) JUDGE RS