Mukesh Tiwari vs The State Of Madhya Pradesh
2021 Latest Caselaw 371 MP

                                                         1                            MCRC-44260-2020
                              The High Court Of Madhya Pradesh
                                        MCRC-44260-2020
                                        (MUKESH TIWARI Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 01-03-2021
                             Shri Nitin Jain, learned counsel for the applicant.

                             Shri K.S. Patel, learned Panel Lawyer for the State.
                             Case diary is available.
                             This is the third/repeat bail application filed by the applicant/accused
                      under Section 439 of the Cr.P.C. for grant of bail who is in custody since

                      23.12.2019 in connection with Crime No.1010/2019 registered at Police
                      Station Panagar, Jabalpur for the offences under Sections 8/20 of NDPS
                      Act.
                             First bail application was dismissed due to non-compliance of
                      peremptory order vide order dated 24.01.2020 and second bail application
                      was dismissed on the ground that the applicant is a habitual offender and he
                      has been arrested in connection with Crime No.407/2015 of Police Station,
                      Korba Chhatrisgarh. for seizure of 27 kg of contraband substance (Ganja)
                      vide order dated 12.10.2020.

                             It is alleged that 9 Kg and 900 gram of contraband substance (Ganja)
                      has been seized from the possession of the the applicant. On the basis of
                      aforesaid, offence has been registered against the applicant.
                             Learned counsel for the applicant submits that the applicant is innocent
                      and has been falsely implicated. Nothing has been seized from the possession
                      of the applicant. This repeat application has been filed on the ground that vide
                      judgment dated 13.06.2016, passed in respect of Crime No.407/15, by which
                      the applicant has been acquitted, copy of the same has been filed as
                      Annexure-A-4. The applicant is in custody since 23.12.2019 i.e. more than
                      14 months and the trial would take considerable time to conclude. The
                      applicant is permanent resident of the District Jabalpur and there is no
                      likelihood of absconding or tampering with the prosecution evidence by the
Signature Not
 SAN
Verified              applicant. In view of the aforesaid changed circumstances, prayer is made to
Digitally signed by
PRASHANT
BAGJILEWALE
Date: 2021.03.01
15:59:56 IST
                                    2                           MCRC-44260-2020
enlarge the applicant on regular bail.
      Learned counsel for the State opposes the prayer for bail.
      Heard learned counsel for both the parties and perused the entire
material available including the case diary.
      Keeping in view the aforesaid changed in the circumstances and the

fact that seized article is of inter-mediate quantity, as stated above, so also
the period of custody of the applicant, hence, without commenting on the
merits of the matter, the application is allowed. The applicant is directed to
be released on bail upon his furnishing personal bond in the sum of
Rs.1,00,000/- (Rupees One lacs) with one surety bond in the like amount to
the satisfaction of the concerned Court for his appearance before the trial
Court on all such dates as may be fixed in this behalf by the trial Court during
the pendency of 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 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 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, 3 MCRC-44260-2020 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 their address and residence in case the applicant moves out from his permanent address for any point of time; and

8. The applicant shall not contact any of the other accused persons in

this case in any manner whatsoever.

This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today.

Certified Copy on payment of usual charges.

(AKHIL KUMAR SRIVASTAVA) JUDGE

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