IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA ON THE 11^th OF JULY, 2022 MISC. CRIMINAL CASE No. 33500 of 2022 Between:-

VINITA D/O BANE SINGH DABI, AGED ABOUT 21 YEARS, OCCUPATION: STUDENT VILLAGE PACHOLA HARNAL SHAJAPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI AKHIL GODHA, LEARNED COUNSEL)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BERCHHA, (MADHYA PRADESH)

.....RESPONDENT (BY SHRI VISHAL SANOTHIYA, LEARNED GOVT. ADVOCATE)

This application coming on for orders this day, the court passed the following:

ORDER

This is First application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.39/2022 registered at Police Station - Berchha, District Shajapur (M.P.) under Sections 8/20 & 29 of NDPS Act.

Counsel for the applicant submits that identically placed co-accused Shubham Jaiswal has been granted bail by this Court in MCRC No.27437/2022 vide order dated 24.06.2022.

Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI It is alleged that from the possession of the present applicant and co-

accused 4 Kg. Ganja has been recovered. The applicant is in jail since

16.03.2022. Investigation has been completed. Charge-sheet has been filed.

Counsel for the respondent/State opposes the prayer for grant of bail however, submits that there is no criminal record of the applicant.

Taking into consideration that the alleged quantity seized from the joint possession of the applicant and co-accused is less than commercial quantity, investigation has been completed and charge-sheet has been filed. I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

It is directed that applicant shall be released from custody upon furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac) with one surety of the like amount to the satisfaction of the Ld. Court below.

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 "W.P. (C) No.1/2020" 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 Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN D D A at L e A : I 2022.07.11 applicant.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld.

Court below.

(VIJAY KUMAR SHUKLA)

JUDGE soumya Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN