Anus Kumar vs Union Of India
2021 Latest Caselaw 5795 MP

-1-                          MCRC No.30939/21 & MCRC No.29175/21

HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                        MCRC NO.30939/2021
Shobharam s/o Ramchandra
Age 43 years, occupation Agriculturist
R/o village Shergarh Teh Sitamau, Mandsaur
Dist. Mandsaru (MP)
vs.
CBN
Dist. Mandsaur (MP)
                        MCRC No.29175/2021
Anus Kumar s/o Ramnarayan Nayak
Age 25 years, occupation Labour
R/o village Shergarh, Teh. Sitamau
Mandsaur (MP)
vs.
CBN
Dist. Mandsaur (MP)


21.09.2021: (Indore):
      Shri S.K.Meena, learned counsel for the applicants.
      Shri Manoj Soni, learned counsel for the respondent/CBN.

These are applications filed under section 439 Cr.P.C seeking bail in connection with crime no.04/2019 registered by CBN, Mandsaur for the offence punishable under section 8/15 & 29 of the NDPS Act.

As per prosecution story, on a discrete information received on 7.11.2019 police arrested the applicants and from their joint possession 100 kg. poppy straw was recovered. Since they have failed to produce any license, therefore, the FIR was registered.

Learned counsel for the applicants submits that both the applicants are first offenders and they are in jail since date of arrest and there is no progress in the trial. They are in custody since 7.11.2019, hence prays for release of the applicants on bail.

-2- MCRC No.30939/21 & MCRC No.29175/21

Learned counsel appearing for the CBN has filed the reply opposing the bail applications and except reproduction of the judgments and scope of section 37 of the NDPS Act, nothing has been pleaded in the reply. So far as the facts that applicants are first offenders and that there is a delay in trial have not been controverted in the reply.

Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the applicants and the period of custody, without commenting on the merits of the case, the applications are allowed. The applicants are directed to be released on bail on each of them furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

Before releasing the applicants from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of Covid-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.

(VIVEK RUSIA) JUDGE Digitally signed by HARI KUMAR C G NAIR Date: 2021.09.21 17:05:27 hk/ +05'30'