The main legal point established in the judgment is the court's discretion to grant bail under Section 439 of the Code of Criminal Procedure, considering the circumstances of the case and the present situation of widespread Novel Corona Virus (Covid-19).

JUDGMENT

Vishnu Pratap Singh Chauhan, J. - Heard on this first application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

2. T h e applicant is in jail since 8.8.2020 in connection with Crime No.687/2020, registered at Police Station-Ghamapur, District-Jabalpur for offence under Section 8/20, 27A of Narcotic Drugs and Psychotropic Substance Act, 1985.

3. The case of the prosecution, in short, is that, the police received an intimation that two co-accused persons namely Neelesh Burman and Bharat Burman were coming on a motor-cycle having contraband substance Ganja.

4. When the police intercepted the motor-cycle, co-accused Bharat Burman fled away from the spot but co-accused Neelesh Burman was detained and 5 kgs Ganja was seized from his possession. Co-accused Neelesh Burman informed the police that co-accused Tabal Singh provided railway ticket and other facilities to them for transportation of Ganja from Chhatisgarh. Coaccused Neelesh Burman further informed that they had to give money to coaccused Tabal Singh after selling the contraband substance. During investigation, this fact also came on record that the applicant Vijay Burman kept co-accused Bharat Burman, who was involved in carrying contraband substance illegally, in his residence for one week, knowing fully well that Bharat Burman is absonding and police is in search of him, therefore, he is also made an accused in the case.

5. Learned counsel for the applicant submits that the applicant has falsely been implicated in the case. Co-accused Bharat Burman is a relative of the applicant. Though it is alleged against the applicant that he kept co-accused Bharat Burman in his residence for one week but the applicant had no knowledge that Bharat Burman is absconding or the police is in search of him. The applicant has no involvement in the case, therefore, no offence is made out against the applicant. It is further submitted that the applicant is arrested on 8.8.2020 and since then he is in jail. Trial will take considerable time for its disposal. Looking to the present situation of widespread of Novel Corona Virus (Covid-19), it is prayed that the applicant be enlarged on bail.

6. On the other hand, learned Panel Lawyer for the respondent/State has opposed the application. He submits that the applicant kept co-accused Bharat Burman in his residence for one week, knowing fully well that Bharat Burman is absconding and the police is in search of him. Prima facie offence punishable under Section 27A of NDPS Act is made out against the applicant, therefore, he may not be enlarged on bail.

7. Having heard the learned counsel for the parties and on considering the rival contentions advanced by the learned counsel for the parties and act of the applicant and also looking to the present situation of widespread of Novel Corona Virus (Covid-19), this Court is inclined to release the applicant on bail.

8. It is directed that applicant Vijay Burman 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 of 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 Court concerned 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. 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.