Rodilal @ Rodmal vs The State Of Madhya Pradesh on 4 August, 2021

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Madhya Pradesh High Court

Rodilal @ Rodmal vs The State Of Madhya Pradesh on 4 August, 2021

This is fourth bail application under Section 439 Cr.P.C. The first bail application was dismissed as withdrawn on 26.2.2019 vide M.Cr.C.No.6017/2019. The second bail application was dismissed on 21.12.2020 vide M.Cr.C.No.43318/2020 and the third bail application was dismissed as infructuous on 9.2.2021 vide M.Cr.C.No.5590/2021. The applicant is in custody since 14.6.2018 in connection with Crime No.1/2018 registered at P.S., CBN, Neemuch, District Neemuch for the offence punishable under Section 8/18 of NDPS Act.

As per prosecution story, the applicant was found to be in possession of 874 sq.mtrs. of land harvesting a crop of opium poppy unauthorizedly and illegally. Accordingly, case has been registered. It is further alleged that during the course of investigation statement recorded under Section 27 of Evidence Act he has extracted 400 gms. as part of the yield of the standing crop. However, the same has been thrown in the river.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the offence. The investigation is complete and challan has been filed. He is not required for custodial investigation. It is submitted that applicant was not found on 2 M.Cr.C.No.29518/2021 (Rodilal @ Rodmal Vs. C.B.N.) spot cultivating the field. No articles or equipments were found in his possession. The land is ancestral property and other brothers have also share in the field. The statement recorded under Section 67 of NDPS Act has no evidential value. Even otherwise, the applicant has suffered jail incarceration since 14.6.2018 with no criminal antecedents. Looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, the applicant may be enlarged on bail on such terms and conditions this Court deems fit and proper.

Per contra, learned counsel for the respondent/CBN supports the order impugned and opposes the bail application with further submission that as per the partition deed on record the land is in possession and ownership of the applicant, wherein crop of opium poppy was being harvested. Besides, there are statements of mother and brother confirming the statement that said land was being harvested by the applicant. Hence, complicity of the applicant cannot be ruled out and no case for enlargement on bail is made out.

At this stage, Shri Sharma, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage and due to outbreak of Covid-19 Pandemic, the applicant is prepared to deposit a sum of Rs.1,00,000/- (Rs.One Lac only) in the office of Jila Bal Sanrakshan Samiti, Neemuch (Account No.031854494225 State Bank of India IFSC code 3 M.Cr.C.No.29518/2021 (Rodilal @ Rodmal Vs. C.B.N.) SBIN0030055) for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams or orphans living in orphanage in the city of Neemuch in dire need of such amenities/facilities and also to the sufferers of Covid-19 Pandemic. However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of applicant on bail.

Upon hearing learned counsel for the parties, but without touching merits of the contentions so advanced, regard being had to the fact that applicant has suffered jail incarceration since 14.6.2018 having no criminal antecedents, not required for further custodial interrogation and due to Covid-19 pandemic, possibility of delay in conclusion of trial cannot be ruled out. Hence, he is held entitled for enlargement on bail.

Consequently, the application of the applicant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.5,00,000/- (Rs.Five Lacs only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Criminal Procedure Code, 1973 with following further conditions:

4 M.Cr.C.No.29518/2021

(Rodilal @ Rodmal Vs. C.B.N.)

(i) the applicant shall mark his attendance before the concerned police station on 2 nd and 4th Saturday of every month between 10:00 a.m. to 12:00 noon.

(ii) the applicant shall prepare a demand draft for Rs.1,00,000/- (Rs.One Lac only) in the office of Jila Bal Sanrakshan Samiti, Neemuch (Account No.031854494225 State Bank of India IFSC code SBIN0030055) to be utilized for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in Vidhwa Aashrams and orphans living in orphanage in the city of Neemuch in dire need of such amenities/facilities and also to the sufferers of Covid-19 Pandemic in the city of Neemuch in dire need of such amenities/facilities and the amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant in any manner whatsoever.

(ii)(a) the applicant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.

(ii)(b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.

(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.

(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Neemuch is also directed to maintain a separate account (for production of the record as and when directed for).

(iv) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(v) the concerned jail authorities are directed that before releasing the applicant, the medical examination of the applicant be conducted through the jail doctor and if it is 5 M.Cr.C.No.29518/2021 (Rodilal @ Rodmal Vs. C.B.N.) prima facie found that he is having any symptoms of COVID-

19, then the consequential follow up action or any further test required be undertaken immediately. If not, the applicant shall be released on bail in terms of the conditions imposed in this order.

(vi) in the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the applicant.

(vii) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.

The observation on facts are only for the purpose of deciding the instant bail application and shall have no bearing on the pending trial, in any manner whatsoever.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action.

Certified copy as per rules.

(Rohit Arya) Judge Patil Digitally signed by SHAILESH PATIL Date: 2021.08.04 17:28:53 +05'30'

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Madhya Pradesh High Court