Madhya Pradesh High Court
Phool Chand Gupta vs The State Of Madhya Pradesh on 23 July, 2021
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-30199-2021
The High Court Of Madhya Pradesh
MCRC-30199-2021
(PHOOL CHAND GUPTA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 23-07-2021
Heard through Video Conferencing.
Shri Pushpendra Dubey, learned counsel for the applicant.
Shri Anshul Mishra, learned counsel for the respondent/State.
Arguments heard.
T his is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 278/2020 registered at P.S. Naigarhi, District - Rewa (M.P.) for the offence punishable under sections 8 A(C), 21, 22 of NDPS Act and section 5/13 of Drugs Control Act. First application was dismissed on merits vide order dated 15/03/2021 passed in M.Cr.C. No. 32371/2020.
As per the prosecution story, applicant alongwith other co-accused has been found in joint possession of 7800 bottles of codeine cough syrup.
Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 31/07/2020. It is further submitted that applicant has been made accused in this case on the basis of memorandum of co-
accused Dharmendra. the contraband was not belonging to applicant. Learned counsel for the applicant submits that as per the prosecution property has been seized from the applicant and co-accused Dhirendra Gupta but co-accused Dhirendra Gupta has been enlarged on bail by this Court vide order dated 15/03/2021 passed in M.Cr.C. No. 34265/2020 so on the basis of parity benefit of bail should also be given to the present applicant. It is further submitted that applicant is highly diabetic and is not in a position to survive the jail custody. He has filed the doctor prescriptions and other test reports to show the ailment of applicant. 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 Signature SAN Not matter of Bablu Barela vs. State of M.P. , in M.Cr.C. No.17147/2021, in Verified Digitally signed by NAVEEN NAGDEVE Date: 2021.07.23 17:26:01 IST 2 MCRC-30199-2021 the matter of Premsingh 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. Looking to the aforesaid grounds, prayer is made to release the applicant on bail who is in custody since 31/07/2020.
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 that applicant is suffering from Diabetes which is a co-morbidity and gives adverse effect in the Covid-19 pandemic and also considering the fact that the co-accused Dhirendra Gupta has already been enlarged on bail by this Court therefore, 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 Phool Chand Gupta 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.
3 MCRC-30199-2021 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.
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
4 MCRC-30199-2021 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 navin