Arjun vs State Of Madhya Pradesh

Pranay Verma, J

Heard.

This is first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No.136/2023, registered at Police Station Narayangarh, District Mandsaur, for the offences punishable under Sections 8/18, 25 and 29 of the N.D.P.S. Act.

As per the prosecution, on 13.04.2023 on receipt of a secret information, the Police party reached Jharda Bhudha road in front of Balaji Mandir at Khejdi Fanta and recovered total 31 Kgs. contraband afeem from the possession of co-accused Shyam Singh which was being transported by him in a Swift car bearing registration No.MP-44-CA-3998 without a valid license. Thereafter, his memorandum under Section 27 of the Evidence Act was recorded from which it transpired that he had procured the contraband from the present applicant on the basis of which, he has been implicated for the present offence.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. Besides the memorandum of co-accused recorded under Section 27 of the Evidence Act, there is no other material available on record to implicate the applicant with the present crime. There is no direct evidence to connect him with the case. The applicant is not having any criminal antecedents and there are no call details between him and the main accused. It is hence submitted that the applicant be granted the benefit of anticipatory bail.

The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant, he is not entitled for grant of benefit of anticipatory bail.

I have heard the learned counsel for the parties and have perused the case diary.

The implication of the applicant appears to be primarily on the basis of memorandum of co-accused recorded under Section 27 of the Evidence Act. There is no direct material to connect him with the present crime. The applicant is not shown to be having any criminal antecedents. Thus in my opinion, the applicant deserves to be granted the benefit of anticipatory bail.

It is directed that in the event of arrest of applicant by the Arresting Officer, he shall be released on bail subject to his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakh Only) with one solvent surety of like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by a Police Officer, as and when required. Applicant shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Cr.P.C.

This order shall be subject to the condition that the applicant shall mark his presence before the concerned Police Station on each 2nd and 4th Saturday of the month between 10:00 am and 12:00 pm till filing of the charge-sheet after which he shall appear before the trial Court and shall furnish his bail bonds.

Accordingly, Miscellaneous Criminal Cases stands allowed and disposed off.

Certified copy as per rules.