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Judgment
Heard Mr. M. Wanswett, learned counsel for the petitioner, who has submitted that this bail application under Section 483 BNSS read with Section 37 of the NDPS Act has been filed for grant of bail on behalf of the accused person, Shri. Sdangki Myrphet, who was firstly arrested on 30.06.2023 in connection with Jowai P.S. Case No. 80 (6) 2023 under Section 21(a) of the NDPS Act, on the allegation that he was suspected of carrying illegal contraband substance.
It is also the submission of the learned counsel that the accused person was initially released on bail in the abovementioned case, but on his being implicated in another similar case in connection with Jowai P.S. Case No. 76 (9) 2024, the bail granted in the former was cancelled, and he was taken into custody. In the meantime, the learned counsel submits that he was also granted bail in the second case that was instituted against him.
On investigation being completed, charge sheet having been filed, the accused person being made to stand trial before the competent court of jurisdiction, the stage of the trial at this point of time, is for recording of evidence of the prosecution witnesses, four of whom have been examined and discharged.
It is the further submission of the learned counsel that the accused person is undergoing trauma experience coupled with depression to the extent that it is reported that he has attempted to commit suicide while in custody. Furthermore, the accused person has also contracted HIV, for which he requires constant treatment. On these grounds cited above, the learned counsel has submitted that bail may be granted to the accused with any conditions that this Court may deem fit and proper to impose.
Mr. H. Abraham, learned GA appearing for the State respondent has submitted that the case diary may be called for.
This Court has considered the submission made, and has also perused the petition in hand. Admittedly, the case against the accused person has proceeded to the stage of recording of evidence of the prosecution witnesses, four of whom have since been examined and discharged.
Again, as has been submitted at the bar, the charges against the accused person is one under Section 21(a)/21(b) NDPS Act, which involves possession etc., of quantity of contraband substance, the quantity of which are of intermediate quantity, the weight not being commercial in nature.
On the submission of the learned counsel for the petitioner that the accused person is undergoing severe psychological problem and having been in custody for about two years or so, this Court is of the considered opinion that the prayer of the petitioner herein requires consideration.
Accordingly, without going into the merits of the case which is the subject matter of the trial, and since the accused person has already been granted bail in the second case, therefore, in the opinion of this Court, the prayer of the petitioner herein is hereby allowed.
In view of the above, the accused person in question is hereby directed to be released on bail on the following conditions:
That he shall not abscond or tamper with the evidence or witnesses;
ii) That he shall attend court as and when called for;
iii) That he shall not leave the jurisdiction of Meghalaya, except with due permission of the court concerned;
iv) That he should get himself treated in any medical facility chosen by his family members and to file the medical report/ status report before the court concerned; and v) That he shall bind himself on a personal bond of ₹ 30,000/-(Rupees thirty thousand) only with one surety of like amount to the satisfaction of the Trial Court.
In view of the above, this petition is disposed of accordingly. No costs.
Let copy of this order be issued upon the Superintendent, District Prisons and Correctional Home, West Jaintia Hills District, Jowai for compliance.