The High Court Of Madhya Pradesh

(JAYVEER SINGH Vs THE STATE OF M.P.)

23-06-2021 Jabalpur, Dated :

Heard through Video Conferencing.

Shri S.K. Singh, learned counsel for the applicant.

Shri Ashish Patel, learned PL for the respondent/State.

Case diary is available with the learned panel lawyer for the State.

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 121/2021 registered at P.S. Govindgarh District Rewa (M.P.) for the offence punishable under sections 21,22 of the NDPS Act.

As per the prosecution case, it is alleged that on an information the Police has seized 55 bottles of Onrex cough Syrup from the possession of one of the co-accused Jagan Nath Yadav which contains Codin Phosphate, were seized.

Learned counsel for the applicant submits that the applicant is innocent and he is in custody since 15.05.2021 and due to Covid situation there is no progress in the trial. It is further submitted that no other case for the similar nature of offence has been registered against him and he has been made accused in the present case on the basis of the memorandum of the co- accused. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case.

On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned panel lawyer has opposed the submissions made on behalf of the applicant and prayed for rejection of the bail application however, conceded the fact that applicant has no criminal antecedents for the similar nature of the offence.

Looking to the facts and circumstances of the case alongwith the fact that he has been made accused on the basis of the memorandum of the co- accused, and period of custody as well as the fact that no other case for the similar nature of offence has been registered against him and in near future there is no hope that trial will proceed further and will be concluded due to Covid situation, this application is allowed without commenting anything on the merits of the case. It is ordered that applicant/accused Jayveer Singh be released on bail on his furnishing a personal bond for the sum of Rs. 1,00,000/- (Rs. One Lac Only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020 and ensure, that the Applicant is examined by the jail doctor before his release. If applicant show 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 their transportation from the jail till his place of residence.

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 trial;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any offence during the entire period of bail.

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court;

7. The applicant shall inform the Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time; and 8. The applicant shall not contact any of the other accused persons