Madhya Pradesh High Court
Jaggannath Yadav vs The State Of Madhya Pradesh on 26 July, 2021
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-20716-2021
The High Court Of Madhya Pradesh
MCRC-20716-2021
(JAGGANNATH YADAV Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 26-07-2021
Heard through Video Conferencing.
Shri NS Gaharwar, learned counsel for the applicant.
Shri DK Khare, learned counsel for the respondent/State.
Arguments heard.
T his 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.121/2021 registered at P.S. Govindgarh, District - Rewa (M.P.) for the offence punishable under sections 21, 22 of NDPS Act and section 5/13 of the Drugs Control Act.
As per the prosecution story, applicant alongwith other co-accused has been found in joint possession of 55 bottles of codeine cough syrup.
Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 04.04.2021.
Apart from this, he submits that in the identical circumstances this Court recently vide order dated 23.07. 2021 in M.Cr.C. No. 15831/21 (Dhirendra Singh Vs. State of MP) and in order dated 02.07.2021 M.Cr.C. No. 41660/2020 (Girdharilal Pandey and others Vs. State of MP) has granted bail to the similarly situated persons. 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. Looking to the aforesaid grounds, prayer is Signature SAN Not Verified Digitally signed by MANVENDRA SINGH PARIHAR Date: 2021.07.26 17:48:46 IST 2 MCRC-20716-2021 made to release the applicant on bail.
Learned Panel Lawyer has opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application.
Considering the entire facts and circumstances and the fact on the similar footing case of the present applicant also belongs on the equal footing so keeping in view the entire facts and circumstances of the case, this Court is of the considered view that applicant may also be enlarged on bail. It is ordered that the applicant/accused Jagannath Yadav be released on bail on his furnishing a personal bond for the sum of Rs. 1,00,000/- (Rs. One Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his 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 the 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 his 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.
3 MCRC-20716-2021
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 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 MSP