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2020 DIGILAW 1095 (MP)

Jitendra @ Jittu v. State Of Madhya Pradesh

2020-10-12

MOHD FAHIM ANWAR

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JUDGMENT Mohd Fahim Anwar, J. - Heard. 2. Case diary is available with the Panel Lawyer. 3. This is 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.468/2020, registered at P. S. Belbagh, Jabalpur for commission of offence punishable under Sections 8/20 and 29 of NDPS Act. 4. The case of the prosecution is that on an information of the informant, the Police Party intercepted the co-accused persons and seized 4 Kg. Ganja (2 Kg. each). Co-accused persons have been arrested. During the course of interrogation co-accused persons stated that they have purchased aforesaid Ganja from the applicant. On that basis present applicant has been made an accused in the above mentioned crime. 5. Learned counsel for the applicant submits that the applicant is innocent. He has not committed any offence. He has been falsely implicated in the case. It is further submitted that co-accused Rajkumar Tiwari has already been released on bail by this Court vide order dated 5.9.2020 passed in M. Cr. C. No.31184/2020. The applicant is in judicial custody since 17.9.2020. The trial will take time to conclude. 6. There is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, it is prayed that the applicant be released on bail. 7. Learned counsel for the respondent/ State opposing the submission made on behalf of the applicant and prayed for rejection of the bail Prima-facie there appears to parity between the case of the applicant and the co-accused Rajkumar Tiwari, who has already been released on bail by this Court vide order dated 5.9.2020 passed in M. Cr. C. No.31184/2020. 8. Looking to the aforesaid facts and circumstances of the case, in my opinion, it is a fit case for grant of bail to the applicant. Hence, without commenting on merits, this application is allowed. 9. It is directed that the applicant shall be released on bail on 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. 10. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C. 10. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction 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. C. C. as per rules.