Rajesh Sahu vs The State Of Madhya Pradesh
2022 Latest Caselaw 5608 MP

                                                                            1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                        BEFORE
                                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                    ON THE 19th OF APRIL, 2022

                                                       MISC. CRIMINAL CASE No. 17592 of 2022

                                              Between:-
                                              RAJESH SAHU S/O KALU SAHU , AGED ABOUT 34
                                              Y E A R S , OCCUPATION:  MAJDURI   GRAM
                                              DEVDONGRA TEHSIL PATERA POLICE STATION
                                              PATERA JILA DAMOH M.P. (MADHYA PRADESH)

                                                                                                       .....PETITIONER
                                              (BY SHRI SANDEEP JAIN, ADVOCATE)

                                              AND

                                              THE STATE OF MADHYA PRADESH THROUGH
                                              POLICE STATION KOTWALI JILA DAMOH M.P.
                                              DAMOH M.P. (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                              (BY SHRI PRAMOD PANDEY, GOVERNMENT ADVOCATE )

                                           This application coming on for admission this day, the court passed the
                                     following:
                                                                             ORDER

This is the first bail application under Section 439 of Cr.P.C filed by the

applicant for grant of bail.

The applicant has been arrested on 07.03.2022 by Police Station- Kotwali, District Damoh (M.P.) in connection with Crime No.1205/2021 for the offence punishable under Section 8/20 of the NDPS Act.

It is submitted that the applicant has falsely been implicated in the case and he has not committed any offence in any manner. The present applicant has been made accused only on the basis of memo of co-accused recorded under Section 27 of the Evidence Act. There is no recovery from the possession of the present applicant. Charge sheet has been filed on 16.03.2022 in the matter. Applicant is in custody since 07.03.2022. Prosecution has shown that he is having a criminal case registered under the NDPS Act of 2013. It is pointed out that he has already been

Signature Not Verified acquitted in the aforesaid case passed in RCT No./200870/2013 dated 28.02.2021. SAN

He is ready to abide by all the terms and conditions that may be imposed by this Digitally signed by SHALINI LANDGE Date: 2022.04.20 10:35:08 IST

Court, while considering his application for grant of bail. On these grounds, he

prays for grant of bail.

P e r contra, counsel for the State has vehemently opposed the bail application stating that the applicant has ran away from the spot and therefore, he could not be arrested but his name was specifically taken by the other co-accused.

He is having criminal past under the NDPS Act registered in the year 2013 but he could not dispute the fact of judgment of acquittal.

Considering the over all facts and circumstances of the case and without commenting upon the merits of the case, this Court deems it appropriate to allow this application. Accordingly, the application is allowed. He is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.

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 investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.

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/Investigating Officer, as the case may be.

7. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Signature Not Verified SAN Public Prosecutor to send E-copy of this order to SHO of concerned police Digitally signed by SHALINI LANDGE Date: 2022.04.20 10:35:08 IST station as well as Superintendent of Police concerned who shall inform the

concerned SHO regarding the same.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

Application stands allowed and disposed of.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE Sha

Signature Not Verified SAN

Digitally signed by SHALINI LANDGE Date: 2022.04.20 10:35:08 IST