The principle of parity with co-accused and the requirement of legal evidence influenced the Court's decision in granting bail to the applicant.

JUDGMENT

Satyendra Kumar Singh, J. - With the consent, heard finally.

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 15.01.2022 in connection with Crime No.319/2021 registered at Police Station Neemuch City, District Neemuch (M.P.) for commission of offence punishable under Sections 8/15, 29, 25 and 27-a of the NDPS act.

Prosecution story, in brief is that on 09.07.2021, police conducted a raid in the godown of co-accused Manish Tiwari situated at Tilak Nagar, Neemuch and found about 37 quintals of Poppy Straw without having any license or authority. The police seized the same from the possession of Gopal, Choukidar of co-accused Manish Tiwari. It is alleged that applicant assisted the co-accused persons in the aforesaid crime.

Learned counsel for the applicant submits that applicant has been made accused only on the basis of memorandum statement of Gopal recorded under Section 27 of the Indian Evidence act, which is not admissible in evidence. There is no legal evidence against the applicant. applicant is in custody since 15.01.2022. He submits that co-accused Devilal has been enlarged on vide order dated 11.02.2022 passed by this Court in MCRC No.3134/2022. Charge-sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, on the ground of parity with co- accused, applicant is also entitled for grant of bail.

Learned Panel Lawyer for the non-applicant - State has opposed the application and submits that huge quantity (37 quintals) of Poppy Straw, which is more than commercial quantity has been seized in the matter and therefore, applicant is not entitled for grant of bail.

Having considered the rival submissions, material produced on record against the applicant, nature of allegation against him and also considering other facts and circumstances of the case, on the ground of parity with co-accused, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One lac only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19), the concerned Jail authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This application is allowed and stands disposed of.

Certified copy, as per Rules.