Anil Pal vs State Of M.P

I.A. No.8864/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 16/9/2019 in connection with Crime No.05/2019 registered at Police Station Gwalior, District Gwalior for offences under Sections 8/20 (b)(II)(c) of NDPS Act.

It is submitted by learned counsel for the applicant- Anil Pal that this is second bail application of the applicant. First application was dismissed on merits by order dated 12/5/2020 passed in MCRC No. 46030/2019. It is further submitted that co-accused Madhuri has already been enlarged on bail by this Court by order dated 22/10/2019 from whom 27 kg ganja had been seized. Further, applicant is in jail since almost one year and due to COVID-19 situation, there is no possibility of trial coming to an end in near future. Hence, prays for grant of regular bail or interim bail for a period of 60 days. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned counsel for the respondent vehemently opposed the prayer and has submitted that 34 kg ganja had been seized from the custody of the present applicant and commercial quantity is 20 Kg. As per Section 37 of the NDPS Act, no Court can grant bail to the accused, where the application is opposed by the Public Prosecutor and the Court can use its discretion only in case it is found that there are reasonable grounds in favour of the applicant to believe that he is not guilty of the offence. It is further submitted that first bail application of the applicant was rejected considering the judgments passed by the Apex Court in the cases of Union of India vs. Niyazuddin SK and Anr., [2018 (13) SCC 738] and Union of India vs. Ishdan Seikh @ Ishdan SK, [2016 ALL SCR (Cri) 1561]. It is also submitted by learned counsel for the respondent that he has filed an application MCRC No. 50685/2019, for recalling of bail order of co-accused Madhuri, which is still pending. Hence, prayed to reject the bail application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.

At this stage, considering the custody period of the applicant which is around one year as well as the fact that co-accused Madhuri has already been granted bail and looking to the fact that due to COVID-19 pandemic situation there is no possibility of conclusion of trial in near future, without commenting upon the merits of the case, prayer for interim bail for a period of 60 days is allowed and it is hereby directed that the applicant shall be released on bail for a temporary period of 60 days from the date of his release on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the Court concerned. The applicant shall surrender before the trial Court immediately after completion of 60 days. The intimation regarding surrender of the applicant be furnished to this Court. In case of failure to comply the order, this bail order shall automatically stand cancelled.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is found positive then the applicant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.

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

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

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

Theapplicantwillnotindulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he/she is accused;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

The applicant will inform the SHO of concerned police station about his/her residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

Application stands disposed of in above terms.

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.