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Judgment
Vivek Rusia, J
This is the first anticipatory bail application under Section 438 of Cr.P.C. before High Court in connection with Crime No.49/2020 under Section
8/15 NDPS Act registered at Police Station â€" Narcotic Cell, Indore (Prakosht Neemuch), District-Indore.
According to the prosecution case, on 22/07/2020 police seized 40 Kg. of Poppy Straw in the Swift Desire Car bearing registration No.MH-12-KT-
4122 driven by Baldev. Police arrested him and on the basis of disclosure statement recorded under Section 27 of Indian Evidence Act, the police is
trying to arrest the present applicant by implicating him falsely. In the statement of Baldev, he stated that the car belongs to the applicant but the
applicant has no knowledge regarding transportation of Poppy Straw.
Learned counsel for the applicant submits that although the present applicant is registered owner of the vehicle but he has no knowledge about
illegal transportation of Poppy Straw. It is argued that there is no prima facie case against the applicant, then, the applicant shall be released on
anticipatory bail. It is submitted that applicant has no role to play in the instant case. It is submitted that applicant is innocent and has falsely been
implicated in the present case. There is no evidence against him. Conclude of trial is likely to take time. The applicant is permanent resident of
District-Pune (Maharashtra). There is no possibility of his absconding. He is ready to furnish adequate security. Trial is likely to take time, therefore,
he prays for release of the applicant on anticipatory bail.
The learned Panel Lawyer has opposed the bail application and submits that as per police prativedhan police is apprehending the applicant and
prays for dismissal of the anticipatory bail application of the present applicant.
Heard learned counsel for the parties, perused the case-diary, keeping in view the disclosure statement of accused-Baldev, who is brother of
applicant, the non-involvement of present applicant in the crime and considering the aforesaid facts and circumstances of the case, keeping in view the
present secnerio of COVID-19, limited Court work, without commenting on the merits of the case, I deem it proper to grant anticipatory bail to the
present applicant. Accordingly, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, on his executing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) and on furnishing two solvent sureties, out of which one shall be of local, in the
like amount to the satisfaction of the Arresting Authority (Investigating Officer).
The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions
enumerated in sub-Section (2) of Section 438 of Cr.P.C.
C.C. as per rules.