2020 (7) TMI 51 - HC - Indian Laws

Bail Application - commercial quantity of contraband - overcrowding in jails - corona positive cases present - HELD THAT - No ground is made out for entertaining these (interim) bail applications. Bail application dismissed.

Summary

Issues:
Interim bail application under Section 439 of Cr.P.C. for offence under Sections 8 R/W Sections 22, 23, 29 of the NDPS Act, 1985.

Analysis:
The petitioners filed interim bail applications under Section 439 of Cr.P.C. in response to F.I.R. No.10/2019 for an offence under the NDPS Act, 1985. The petitioners argued that the charge-sheet was extensive, around 3000 pages, and only a pen drive was provided to them, hindering their ability to prepare for the main bail argument. Additionally, concerns were raised about the poor conditions in jail, overcrowding, and the presence of COVID-19 positive prisoners.

The Union of India, represented by counsel, opposed the interim bail applications, citing the involvement of a commercial quantity of contraband in the case. They disputed the claims of overcrowding in jails, stating that the jail's capacity was not exceeded. The authorities also reported that most COVID-19 positive prisoners had recovered, and special care was being provided to prisoners with health issues as per the advisory.

Upon considering the arguments presented by both parties and reviewing the jail authorities' report, the court found no sufficient grounds to grant the interim bail applications. The court dismissed the bail applications, emphasizing that the contentions raised were not strong enough to warrant bail at this stage. A copy of the order was directed to be placed in the connected files for reference.