The court considered the quantity of contraband seized and the completion of the investigation as key factors in granting bail to the applicant.

JUDGMENT

Vijay Kumar Shukla, J. - This is first regular bail application filed by the applicant - Devram S/o Sarichand Rathore under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.52/2021 registered at Police-Station - Narcotics Cell, District - Indore (MP) for the offence punishable under Section 8/20 of Narcotic Drugs and Psychotropic Substances act, 1985 and the applicant is in custody since 13.11.2021.

As per prosecution story, it is alleged that from the joint possession of applicant and co-accused Satish, 7.300 kilograms of Ganja (contraband) had been seized. accordingly case has been registered against them.

Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the aforesaid offence. He further submits that the aforesaid quantity is less than the commercial quantity. He also submits that investigation is over and chargesheet has already been filed in the matter. The applicant has no past criminal antecedents. The applicant is in jail since 13.11.2021 and the final conclusion of trial would take considerably long time. With these submissions, bail has been sought.

Counsel for the non-applicant/State was also heard who submits that co-accused Laxman is still absconding and hence prays for rejection of the bail application.

After due consideration of the facts and circumstances of the case and the fact that the seized quantity of contraband from the applicant is less than the commercial quantity, I am of the opinion that this is a fit case to allow the bail application of applicant. accordingly the bail application filed by the applicant- Devram S/o Sarichand Rathore is allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court during trial with a condition that he shall remain present before the Court concerned during trial. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE: CONTaGION OF COVID-19 VIRUS IN PRISONS in SUO MOTU 'WP No.01 of 2020' and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

A typed copy of this order is being forwarded to the Office of the advocate General of the State on their Email address, for intimation to the Police-Station concerned. The office is requested to forward a copy of this order to the learned Court below.

Miscellaneous Criminal Case No.6513 of 2022 stands allowed and is disposed of in above terms.

Certified copy as per Rules.