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2020 DIGILAW 982 (MP)

Rahul Kumar Sahu v. State Of M. P.

2020-09-30

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - This is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. First bail application was dismissed as withdrawn by this Court vide order dated 28.02.2020 passed in M.Cr.C. No. 6124/2020. 2. The applicant is in custody since 29.08.2019 in connection with Crime No. 150/2019 registered at P.S. GRP Sagar for the offence punishable under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. As per allegation, the present applicant has been apprehended along with two other co-accused while carrying total 25 kilograms of Ganja. 4. Learned counsel for the applicant submits that only 8 kg. Ganja was seized from the possession of the present applicant. The other co-accused have different bags in which different quantity of Ganja was kept. It is submitted that Ganja seized from the applicant is less than the commercial quantity. It is further stated that other two co-accused have already been granted bail by this Court vide orders dated 07.08.2020 and 18.08.2020 passed in M.Cr.C.Nos.17490/2020 and 20075/2020, respectively. It is submitted that on the ground of parity, the applicant is also entitled for grant of bail. 5. On the other hand, learned Panel Lawyer has vehemently opposed the bail application and prayed for rejection of the same. She further submits that 8 kg. of Ganja has been recovered from the bag carried by the present applicant. The present applicant is the resident of Orissa and if the bail is granted to him he will not attend the trial. However, she fairly submits that there is no criminal antecedents against the present applicant and charge sheet has already been filed. 6. Considering that other two co-accused have already been granted bail by this Court, this application is also allowed on the ground of parity. 7. It is directed that applicant Rahul Kumar Sahu shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court. 8. This order will remain operative subject to compliance of the following conditions :- "1. The applicant shall appear before the GRP, Sagar on every 45th day for marking his presence. If he misses even one of the dates, the bail order shall stand cancelled automatically. 2. 8. This order will remain operative subject to compliance of the following conditions :- "1. The applicant shall appear before the GRP, Sagar on every 45th day for marking his presence. If he misses even one of the dates, the bail order shall stand cancelled automatically. 2. The applicant will comply with all the terms and conditions of the bond executed by him. 3. The applicant will cooperate in the investigation/trial, as the case may be; 4. 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/them from disclosing such facts to the Court or to the Police Officer, as the case may be; 5. 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; 6. The applicant will not seek unnecessary adjournments during the trial and shall appear before the trial Court on all the dates of hearing fixed in this regard during the trial. 7. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 8. 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 applicant 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 Ms. Aishwarya Singh, learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below. 10. Certified copy/e-mail as per rules/directions.