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2020 DIGILAW 1028 (MP)

Akash @ Chhotu Choudhari v. State Of Madhya Pradesh

2020-10-07

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first post arrest application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail. 2. The applicant is in jail since 11/08/2020 in connection with Crime No.362/2020, registered at Police Station-Gwarighat, District- Jabalpur for the offence punishable under Section 8/20 of NDPS Act. 3. The case of the prosecution against the applicant, in short, is that the applicant was apprehended with approximately 1 kilo 700 grams of Cannabis without having any licence or authority. 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the case. It is further submitted by him that after investigation, charge-sheet has been filed. Co-accused Shashi Bai Ahirwar has been released on bail by this Court by order dated 03.09.2020 passed in M.Cr.C. No.29356/2020. Trial would take considerable time for its final disposal. In such circumstances, it is prayed that the applicant may be enlarged on bail. 5. On the other hand, learned Panel Lawyer for the respondent/State has opposed the bail application; however, he has fairly conceded that the applicant is not having any criminal past. 6. Having heard learned counsel for the parties and the fact that co-accused has been released on bail by this Court, the applicant is not having any criminal past and considering the present situation of widespread of Covid-19 virus, so also looking to the fact that after investigation charge sheet has been filed, this Court is inclined to allow this application and release the applicant on bail. 7. Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant-Akash @ Chhotu Choudhari, is allowed. 8. It is directed that applicant-Akash @ Chhotu Choudhari shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court with a condition that he shall remain present before the concerned Court during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C. 9. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 10. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 10. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. 11. Certified copy as per rules.