RAJU KUSHWAH Vs. STATE OF M.P
LAWS(MPH)-2020-7-98
HIGH COURT OF MADHYA PRADESH
Decided on
July 08,2020
Raju Kushwah
Appellant
VERSUS
STATE OF M.P
Respondents
JUDGEMENT
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(1.)In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the
advisories issued by the Government of India, this application has
been heard and decided through video conferencing to maintain social
distancing. The parties are being represented by the respective counsel
through video conferencing, following the norms of social distancing/
physical distancing in letter and spirit.
Heard the learned counsel for the parties.
(2.)The applicant has filed this second application u/S. 439 Cr.P.C . for grant of bail. The applicant has been arrested by Police Station Chachoda, District Guna in connection with Crime No.9/2020 registered in relation to the offence punishable under Sections 8 / 21 of N.D.P.S. Act. First application was dismissed as withdraw with liberty to repeat the same by filing the criminal antecedents of the present applicant vide order dated 6.3.2020 passed in M.Cr.C.No.8521/2020.
(3.)It is submitted by counsel for the applicant that the applicant is in custody since 4.1.2020. Investigation is over in the matter and charge-sheet has been filed. Earlier application was rejected on 6.3.2020 being M.Cr.C.No.8521/2020 on the ground that applicant was having criminal antecedents. It is submitted that other cases registered against the present applicant are of minor offences except one that of N.D.P.S Act that too in the year 2016. There are no case under henious offences is being registered against the present applicant. In the present case 12 grams of Smack has been recovered from the possession of the present applicant which is less than the commercial quantity. He is ready to abide by all the terms and conditions as may be imposed by this Court. It is submitted by counsel for the applicant that looking to the present scenario of COVID-19 pandemic, he prays for grant of bail. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute an amount of Rs.20,000/- towards the PM Cares Fund.
(2.)The applicant has filed this second application u/S. 439 Cr.P.C . for grant of bail. The applicant has been arrested by Police Station Chachoda, District Guna in connection with Crime No.9/2020 registered in relation to the offence punishable under Sections 8 / 21 of N.D.P.S. Act. First application was dismissed as withdraw with liberty to repeat the same by filing the criminal antecedents of the present applicant vide order dated 6.3.2020 passed in M.Cr.C.No.8521/2020.
(3.)It is submitted by counsel for the applicant that the applicant is in custody since 4.1.2020. Investigation is over in the matter and charge-sheet has been filed. Earlier application was rejected on 6.3.2020 being M.Cr.C.No.8521/2020 on the ground that applicant was having criminal antecedents. It is submitted that other cases registered against the present applicant are of minor offences except one that of N.D.P.S Act that too in the year 2016. There are no case under henious offences is being registered against the present applicant. In the present case 12 grams of Smack has been recovered from the possession of the present applicant which is less than the commercial quantity. He is ready to abide by all the terms and conditions as may be imposed by this Court. It is submitted by counsel for the applicant that looking to the present scenario of COVID-19 pandemic, he prays for grant of bail. The applicant has shown his willingness to cooperate in the pandemic situation of COVID-19 and is ready to contribute an amount of Rs.20,000/- towards the PM Cares Fund.
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