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2020 DIGILAW 1022 (MP)

Jagdish Yadav v. State Of Madhya Pradesh

2020-10-06

NANDITA DUBEY

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JUDGMENT Nandita Dubey, J. - Heard. 2. The applicant has filed this first application under section 439 of Cr.P.C. for grant of bail. 3. The applicant has been arrested by Police Station Budhar, District Shahdol in connection with Crime No.586/2020 registered in relation to the offences punishable under Section 8/20 of NDPS Act, 1985. 4. As per prosecution, 1.900 kilogram ganja has been seized from the possession of the applicant. 5. Learned counsel for the applicant submits that the ganja which has been seized from the possession of the applicant is below the commercial quantity. He is in custody since 11.08.2020 and the trial would take considerable time to conclude. The charge-sheet has already been filed. He is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made. 6. Learned Panel Lawyer for the respondent/State opposes the bail application, however, he fairly submits that there is no criminal antecedents against the present applicant. 7. Considering the aforesaid and that the ganja which has been seized is below the commercial quantity, this application is allowed. It is directed that applicant Jagdish Yadav be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. 8. 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 investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench. 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the petitioner during period of bail as a consequence of this order. 9. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Anand Nayak, learned Panel Lawyer, on their respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below also. 10. Certified copy/e-copy as per rules/directions.