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Judgment
This is the third visit of the petitionerâ€"Ranjan for seeking bail under Section 439 of Cr.P.C. in Crime No.08/2018 registered at Police
Stationâ€"Narcotics Cell, Indore Districtâ€" Indore under Sections 8 & 21 of N.D.P.S. Act, 1985.
Earlier first application was dismissed on merits by a detailed and exhaustive order dated 06.07.2018 passed in M.Cr.C. No.26515 of 2018.
This time the bail is pleaded on the ground of spread of Covid-19 virus, threat of spread of the same in the jail and lack of space in the jail.
Learned Counsel referred a news published in some newspaper regarding spread of Covid-19 in jail and also referred judgment of Delhi High Court
passed in B.A. No.778/2020 Arvind Yadav Vs. Government of NCT Delhi and order of suspension passed by Hon'ble the Supreme Court in CRA
No.196/2018 Prahlad Jaga Bhai Patel Vs.State of Gujarat.
Much time has been taken by the learned Counsel on pressing the guiding principles of deciding the bail application, the facts to be considered and
the conditions can be imposed by the Courts considered by the Hon'ble Supreme Court as well as by the Delhi High Court. It is pleaded that the
petitioner is ready to comply with any condition imposed by this Court including the condition of service of society as corona warrier.
The petitioner has been caught for a crime against the society for having a huge quantity of narcotic drug in his illegal possession. Each and every
aspect of the crime as well as the evidence collected by the police has been considered, while dismissing the bail plea of the petitioner on merits.
After going through the entire case again, still I am not inclined to allow the bail on any of the grounds pressed by the learned Counsel for the
petitioner. Therefore, the petition is dismissed.
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