Yudhishthir Purohit vs State Of M.P. on 9 August, 2021

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Madhya Pradesh High Court

Yudhishthir Purohit vs State Of M.P. on 9 August, 2021

This is the fourth repeat application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. His first application was dismissed as withdrawn by order dated 18.01.2019 passed M.Cr.C. No. 2196/2019. His second application was dismissed by order dated 12.12.2019 passed in M.Cr.C. No. 51814/2019 and his third application was dismissed by order dated 05.04.2021 passed in M.Cr.C. No. 6000/2021 with liberty to revive the prayer for bail after examination of prosecution witnesses or material witnesses or three months, whichever is earlier. The applicant is in custody since 11.09.2017 in connection with crime No. 415/2017 registered at Police Station Neemuch City, District-Neemuch for the offence punishable under section 8/15, 29 of the of NDPS Act.

As per prosecution story, applicant alongwith co-accused Arjun was found to be in possession of 2 quintals and 50 kg of poppy straw.Accordingly, case has been registered against the applicant.

Investigation is complete. Challan has been filed. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the case.The applicant is in custody since 11.09.2017. Investigation is complete and challan has been filed and he is not required for further custodial investigation. Applicant is the sole bread earner and due to his jail incarceration, family is in penury. This Court had granted liberty to the applicant to renew the prayer for bail after examination of prosecution witnesses or material witnesses or three months, whichever is earlier and period of three months is over, still trial is pending. Moreso, due Signature Not Verified SAN to Covid- 19, the Court proceedings are paralyzed and regular proceedings Digitally signed by SEHAR HASEEN Date: 2021.08.10 12:49:05 IST 2 MCRC-33523-2021 are not taking place as a result possibility of undue and prolonged delay of trial cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.

P er contra, learned Panel Lawyer has opposed the bail application supporting the order impugned. However, he fairly submits that applicant does not have criminal antecedents.

A t this stage, on instructions learned counsel for the applicant graciously 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 volunteers t o deposit an amount of Rs.75,000/- (Rupees seventy five Thousand only), in the office of Zila Balsanrakshan Samiti, Distt. Neemuch [State Bank of India Account No.031854494225 IFSC Code SBIN0030055] to be utilized for providing clothing, food and other essential amenities required for the old age people living in old age homes, vidhwas living in vidhwa aashrams and orphans living in orphanages and sufferers of Covid-19 Pandemic in the district under the surveillance of Collector Distt. Neemuch. The aforesaid deposit of amount shall not influence the pending trial but is only, for enlargement of the applicant on bail.

This Court appreciates the gesture shown by learned counsel for the applicant.

Upon hearing learned counsel for the parties and in the obtaining facts and circumstances but, without touching on merits of the contentions so advanced, regard being had to the fact that applicant is in custody since 11.09.2017 and about three years and eleven months period has passed by, investigation is complete and chargsheet has been filed, he is no more required for further custodial investigation. Due to Covid-19 pandemic, the possibility of delay in conclusion of trial cannot be ruled out. Hence, he is Signature Not Verified SAN held entitled for enlargement on bail.

Digitally signed by SEHAR HASEEN Date: 2021.08.10 12:49:05 IST

3 MCRC-33523-2021 Consequently, the application of the applicant filed under Section 439 of the Cr.P.C., is hereby allowed. It is directed that the applicant be released on bail on furnishing personal bond in the sum of Rs.3,00,000/- (Rupees Three lakhs only) with one solvent surety in the like amount to the satisfaction of the trial Court, 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 Cr.P.C., with following further conditions:

(i) the applicant shall prepare a demand draft for Rs.75,000/-

(Rupees seventy five thousand only), of any Nationalized Bank in favour of Zila Bal Sanrakshan Samiti, Distt. Neemuch [State Bank of India Account No.031854494225 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 and also to the sufferers of Covid-19 Pandemic in the city of Neemuch in dire need of such amenities/facilities. The amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.

(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.

Signature Not Verified SAN

(iii) the said authority is at its discretion to utilize the amount so Digitally signed by SEHAR HASEEN Date: 2021.08.10 12:49:05 IST 4 MCRC-33523-2021 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 shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon.

(v) 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);

(vi) 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 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.

(vii) 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.

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

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

E-certified copy as per rules.

(ROHIT ARYA) JUDGE sh Signature Not Verified SAN Digitally signed by SEHAR HASEEN Date: 2021.08.10 12:49:05 IST

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Madhya Pradesh High Court