Chhuttan @ Surendra Kumar Rajak vs. The State Of M.P

The High Court Of Madhya Pradesh

MCRC-30507-2021

(CHHUTTAN @ SURENDRA KUMAR RAJAK Vs THE STATE OF M.P)

Jabalpur, Dated : 26-07-2021

Heard through Video Conferencing.

Shri S.B. Shrivastava, learned counsel for the applicant.

Shri Ravindra Rajpoot, learned P.L.for the respondent/State.

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 07.05.2021 in connection with Crime No.320/2021 registered at Police Station-Narsinghpur, Distt.-Narsinghpur, (M.P.) for the offence punishable under Section 8kha/21(1)ga of N.D.P.S. Act.

A s per prosecution case, on dated 07.05.2021, 20 gms of smack powder was seized from the back pocket of left side of pent wore by the pres ent applicant-accused. Thereafter, the aforesaid offence has been registered against the present applicant.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case. Applicant has no previous criminal record under the NDPS Act, therefore, there is no probability to repeat the offence. It is alleged by the prosecution that 20 grams of smack powder was seized from the back pocket of left side of pent of applicant/accused, which comes under the medium quantity. It is a case of personal search, but Investigating Officer did not comply with the mandatory provisions of Section 50 of NDPS Act. Accused/applicant is in jail custody 07.05.2021. Charge-sheet has been filed. The applicant is a agriculturist and bread earner of his family and if he is kept in custody for an unlimited period, then future of his family will be spoiled. It is the time of COVID-19, due to which, trial will take time for its final disposal. There is no probability of his absconding or tampering with the prosecution evidence. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Learned P.L. for the respondent/State opposes the bail application.

Considering the contentions of both the parties and the fact that it is a matter of personal search, contraband smack powder was seized from the back pocket of left side of pent wore by applicant, instead of taking accused/applicant to Gazetted Officer or Magistrate, Investigating Officer himself searched the pocket of pent of applicant-accused, seized smack come under the purview of medium quantity, the applicant is in jail since 07.05.2021, applicant/accused has no previous criminal record under the NDPS Act, therefore, there is no probability to repeat the offence, chargesheet has been filed, trial will take time for its final disposal due to pandemic COVID-19, the applicant is agriculturist and breadwinner of his family, there is no probability of his absconding or tampering with the prosecution evidence, it would not be appropriate to keep the applicant in jail whole the trial, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant-Chhuttan @ Surendra Kumar Rajak be released on bail on his furnishing bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety of the same amount to the satisfaction of the trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority:-

1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2. The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3. If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

M.Cr.C. stands disposed of.

C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

L.R.