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2020 DIGILAW 1086 (MP)

Rajju Raikwar v. State Of Madhya Pradesh

2020-10-12

MOHD FAHIM ANWAR

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JUDGMENT Mohd Fahim Anwar, J. - Case diary is available with the learned Panel Lawyer. 2. Heard. 3. This is the first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.302/2020, registered at Police Station Saleha, District Panna for the offence punishable under Section 8/20 of the N.D.P.S. Act. 4. The case of the prosecution is that, on 08.08.2020, a car bearing registration No.MP-35 CA-3828, driven by the applicant was intercepted and on search being made, 1.200 kilograms of Cannabis (Ganja) was found to be stored in the dickey of the said vehicle. The allegation against the applicant is that he was driving the said vehicle. He was apprehended by the Police. During the course of interrogation, he has taken the name of the co-accused, who is owner of the said vehicle. The co-accused was apprehended and has admitted the commission of crime and it was informed by him that the contraband Ganja, which was found in the dickey of the vehicle was stored by him. On that basis, aforementioned crime has been registered against the applicant. 5. It is submitted by the learned counsel for the applicant that the applicant is an innocent person. He has not committed any offence and has falsely been implicated in the case. It is further submitted that he has been made accused on the basis of memorandum of co-accused. He is in judicial custody since 07.08.2020. The trial will take time to conclude. There is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, it is prayed that the applicant be released on bail. 6. Learned counsel for the respondent/State opposing the submissions made on behalf of the applicant, prayed for rejection of the bail application. 7. Keeping in view the facts and circumstances of the case particularly the information given by the co-accused during the course of his interrogation and also looking to the exigency of Covid-19 disease, in my opinion, it is a fit case for grant of bail, hence, without commenting on merits, this application is allowed. 8. 7. Keeping in view the facts and circumstances of the case particularly the information given by the co-accused during the course of his interrogation and also looking to the exigency of Covid-19 disease, in my opinion, it is a fit case for grant of bail, hence, without commenting on merits, this application is allowed. 8. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) along with one solvent surety of the like amount to the satisfaction of the trial Court to appear before the Court on the dates given by the concerned Court. It is further directed that applicant shall comply with the provisions of Section 437(3) of Cr.P.C. 9. In view of the outbreak of 'Corona Virus disease the applicant shall also comply with the rules and norms of social distancing. 10. Further, in view of the order passed by the Hon'ble Supreme Court suo-moto in W.P. No.1/2020, it would be appropriate to issue the following directions to the jail authority :- 1. The Jail Authority shall ensure the medical examination of the applicant by the jail Doctor before his release. 2. The applicant shall not be released, if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out. 3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility. 11. This application stands allowed and disposed of.