Aman Rai vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard in this first bail application under section 438 of Cr.P.C.

Applicant apprehends arrest in connection with Crime No.141/2019 registered at Police Station Dinara, District Shivpuri for the offence punishable under section 8/20 of NDPS Act.

Allegation against the applicant in short are that the co-accused Devendra Rai was going in a vehicle loaded with 92 Kilogram of Ganja worth Rs. 9,20,000/- which has been recovered by the prosecution from the possession of the co-accused Devendra Rai. The alleged vehicle is stated to be owned by the applicant. On the basis of aforesaid, applicant has been implicated in the present case.

The applicant is a youth of 27 years of age and has been falsely implicated in the present case. It is submitted by the counsel for applicant that the applicant has been implicated in the present case on the basis of memorandum under section 27 of Evidence Act which has no evidentiary value. The applicant has no criminal antecedents. Applicant is permanent resident of the Dist. Datia and there are no chances of his absconding or tampering with the prosecution evidence. He shall abide by the terms and conditions as may be imposed by this Court. Under these circumstances, applicant prays for anticipatory bail.

Learned Public Prosecutor for the 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 anticipatory bail is made out.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant. It is hereby directed that in the event of arrest of applicant, he shall be released on bail on his furnishing a personal bond of Rs. 50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority.

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

He will comply with all the terms and conditions of the bond executed by him;

He will cooperate in the investigation/trial, as the case may be;

He 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;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial; and

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.