Babulal vs State Of M.P

Vivek Rusia, J

This is first application filed u/s 439 Cr.P.C seeking bail in connection with Crime No.361/2019 registered at police station- Sendhwa Gramin, District- Barwani for the offence punishable u/s 8/15 of the NDPS Act.

As per prosecution story on 17.07.2019 an Innova bearing registration No.GJ-6-EH-1975 met with an accident with a bullock cart near Nivali Road, Budhgaon phata. The driver and two others ran away from the spot after leaving the said Innova car on the spot. The police registered a case of accident and also searched the vehicle from which 9 bags were found. After opening of the said bags 100.165 kg. poppy straw was found and recovered. Police has registered an FIR u/s 8/15 of the NDPS Act against unknown persons and started investigation. The investigation has revealed that the said vehicle is registered in the name of Rupesh who gave this vehicle on rent to Aswini Travels. Aswini proprietor of Ashwin travels had mortgaged this vehicle to Mohd. Ali and thereafter Mohd. Ali had mortgaged this vehicle to the Manish@ Manaram. As per the prosecution case the applicant was sitting in the vehicle along with Manish@ Manaram and Ashok at the time of accident and accordingly all the three have been made accused. Out of 3 only the co-accused Manish@ Manaram was arrested since 22.04.2020 and his statement u/s 27 of the Evidence Act has been recorded and on the basis of which the present applicant has been implicated in this case.

Learned counsel for the applicant submits that the prosecution has not collected any documentary evidence to connect applicant in this case. Neither he is owner of the vehicle nor the owner of the poppy straw. The applicant has made accused only on the basis of the memorandum statement of co-accused- Manish@ Manaram recorded under Section 27 of the Evidence Act which is not an admissible evidence. The applicant has unnecessarily been made accused in the matter. He has no criminal past.

Learned Panel Lawyer for the respondent/State opposes the bail application.

Considering the facts and circumstances of the case, without commenting on the merit of the case, the application is allowed. The applicant-Babulal@ Baburam, is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

It is made clear that before passing the releasing order, the trial Court shall get it verified about the criminal antecedents of the applicant from the local police station, Sendhwa Gramin. If any case under the NDPS Act is pending or found decided against him in the past, then the applicant will not get the benefit of this order then this M.Cr.C. shall be treated as dismissed.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

Certified copy as per rules.