Vijay Kumar Shukla, J
This is second application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No. 605/2022 registered at Police
Station – Dharampuri, Dist. Dhar (M.P.) under Sections 8/20 of NDPS Act.
The earlier bail application was dismissed as withdrawn.
Counsel for the applicant submits that the charge-sheet has been filed and as per the prosecution case, 1 Kg. 700 Grams Ganja has been recovered. It
is submitted that the aforesaid quantity is less than the commercial quantity, the applicant is in jail since 16.12.2022 and the charge-sheet has been
filed. Counsel for the State opposes the prayer for grant of bail, however, fairly submits that there is no criminal record of the applicant.
After hearing learned counsel for the parties and taking into consideration that the alleged seized quantity of contraband is less than the commercial
quantity, the charge-sheet has already been filed and there is no criminal record, I am of the view that the applicant is entitled for grant of bail.
Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that applicant shall be released from custody upon furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with one surety of
the like amount to the satisfaction of the Ld. Court below.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19
VIRUS IN PRISONS in SUO MOTU ""W.P. (C) No.1/2020"" and ensure that the applicant is examined by the jail doctor before his release. If the
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 his transportation from the jail till his place of residence.
It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled
automatically without reference to the Court and the Police will be at liberty to arrest the applicant.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station
concerned. The office is requested to forward a copy of this order to the Ld.
Court below.
