Ramkishan @ Ramkrashan vs. The State Of Madhya Pradesh

THE HIGH COURT OF MADHYA PRADESH

MCRC-10861-2021

(Ramkishan @ Ramkrashan Vs. State of M.P.)

Gwalior, dated: 05.04.2021

Shri R.P. Gupta, learned counsel for the petitioner.

Shri R.P. Gupta, learned Panel Lawyer for the State.

Learned counsel for the rival parties are heard.

Case diary perused.

This is second bail application u/S.439 CrPC filed by the petitioner for grant of bail after rejection of earlier one which was dismissed on 04.12.2020 in M.Cr.C. No.47731/2020 as withdrawn with liberty to come again after filing of charge-sheet.

The petitioner has been arrested on 20.11.2020 by Police Station-Dabra District Gwalior (M.P.), in connection with Crime No.757/2020 registered in relation to the offence punishable u/s.8/21 of NDPS Act.

Learned counsel for State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

45 grams smack has been recovered from the petitioner which is though more than small quantity but less than the commercial quantity as prescribed in Schedule under the NDPS Act.

New ground raised is that investigation in the matter is over by filing of charge-sheet on 17.02.2021. Since investigation in the matter is over, further custodial interrogation may not be necessary.

Moreso, since the narcotic drug recovered is much less than the prescribed commercial quantity and the offences alleged are not u/Ss.19, 24 or 27-A of NDPS Act, the bar contained u/S.37 of NDPS Act may not come in way of petitioner for grant of bail.

Considering the above and special circumstances of ongoing Covid-19 pandemic with further fact that early conclusion of the trial is a bleak possibility and prolonged pretrial detention being an anathema to the concept of liberty, this Court is though inclined to extend the benefit of bail to the petitioner but with certain stringent condition.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court.

This order will remain operative subject to compliance of the following conditions by the petitioner :-

• 1. The petitioner will comply with all the terms and conditions of the bond executed by him;
• 2. The petitioner will cooperate in the investigation/trial, as the case may be;
• 3. The petitioner 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
• 4. The petitioner shall not commit an offence similar to the offence of which he is accused;
• 5. The petitioner will not seek unnecessary adjournments during the trial;
• 6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
• 7. Petitioner shall mark his attendance before the concerned Trial Court once a fortnight till conclusion of trial.
• 8. The learned concerned trial Court and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during period of bail as a consequence of this order.

The petitioner has gracefully agreed to act as a Shiksha Swayamsevak by rendering physical and financial assistance to government primary school situated nearest to residence of petitioner for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school from the skill/resources of the petitioner. [;kfpdkdrkZ us ,d f'k{kk Lo;alsod ds :i esa vius fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; es a LoPNrk vkSj vkjksX; dks lqfuf'pr djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djus ,o a vius dkS'ky o l alk/kuk sa ls mDr fo|ky; es a volajpukRed lqfo/kkvksa dh dfe;ks a dks nwj djus dh Lo sPN;k lgefr iznku dh gSAa]

The petitioner after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area), within whose territorial jurisdiction the said school is situated. [;kfpdkdrkZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ vkSj@;k lEcaf/kr okMZ

ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA].

It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area) to preserve the said information provided by the petitioner. [;g lEc af/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekey s es a½ vkSj@;k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr djsA].

The Registry of this Court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block Education Officer of the district/block concerned for information and follow up.

A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the District Education Officer, Block Education Officer of the district/block concerned who in turn shall encourage the petitioner to indulge in community service as aforesaid.

A copy of this order be sent to the Court concerned for information.

C.c as per rules.

(Sheel Nagu) Judge

Aman Aman Tiwari