The court considered the prolonged pre-trial detention, the potential spread of COVID-19 in jails, and the lack of likelihood for the trial to conclude in the near future as grounds for granting bail to the applicant.

JUDGMENT

S. a. Dharmadhikari, J. - Heard learned counsel for the parties.

Case diary perused.

The applicant has filed second application under section 439 of the Cr.P.C. for grant of bail.

Applicant has been arrested on 04.10.2021 by Police Station Sihora, District Jabalpur (M.P.) in connection with Crime No.658/2021, registered in relation to the offence punishable under Section 8/20 of Narcotic Drugs & Psychotropic Substances act. His earlier application i.e. M.Cr.C.No.53231/2021 was dismissed as withdrawn vide order dated 30.11.2021.

The allegation against the applicant, in short, is that on 04.10.2021, on the basis of information received at Police Station, Sihora alleging that three persons near Dhangaon Bridge are carrying "Ganja" with them and are waiting for the customers selling the psychotropic substance. On raid being conducted, three persons including the present applicant was caught hold on the spot and "Ganja" weighing about 3.900 Kgs. was recovered from the possession. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case. He is in custody since 04.10.2021. Charge-sheet has been filed, therefore, no further custodial interrogation is required. There are no criminal antecedents against the applicant. Provisions of Section 50 of NDPS act has not been followed by the prosecution. applicant is the permanent resident of District Jabalpur (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. Conclusion of the trial will take long time. With the aforesaid submissions, prayer for grant of bail is made out.

Learned Panel Lawyer for the respondent/State opposed the application and submitted that contraband seized is more than the small quantity, which can be termed as medium quantity and on the basis of the allegations and material available on record, no case for grant of bail is made out.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty so also considering the fact that in view of second wave of COVID-19 pandemic and with a need to decongest the jail, which are potential hot spots for spread of infection, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two local solvent sureties each of Rs.50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the trial Court/committal Court for his appearance on the monthly dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. 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 from disclosing such facts to the Court tor to the Police Officer, as the case may be;

4. The applicant shall not commit any other offence du