Digambar Rathore vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant.

The applicant is in jail since 30/06/2020 in connection with Crime No. 305/2020 registered at Police Station Sohagpur, District Shahdol for commission of offence punishable under Section 8 read with Section 20 of the NDPS Act.

The case of the prosecution in short is that the co-accused Rajesh Jain was carrying a contraband and he has been apprehended with a contraband without having any licence or authority. During investigation, he furnished the information that he has purchased this contraband from the applicant and on that basis the applicant has been arrayed as an accused.

Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in this case. It is further submitted that no incriminating materials have been recovered from the possession of the applicant and he has been arrayed as an accused only on the basis of information furnished by the co-accused in custody. The applicant is in jail since 30/06/2020 and trial will take considerable time for its conclusion, therefore, it is prayed to enlarge the applicant on bail

On the other hand, learned Panel Lawyer for the respondent-State opposes the application and submits that the applicant and co-accused Rajesh Jain having a joint ownership of the property. The documents seized during investigation shows the joint name of the applicant and coaccused in Rin Pustika. It is further submitted that the applicant is having a criminal past and is habitual in dealing with the narcotic substance, therefore, it is prayed to dismiss the application.

Having heard both the counsel and perused the record. After investigation charge-sheet has been filed. The applicant has been implicated on the basis of information furnished by the co-accused. The co-accused has stated in memorandum that he has purchased the contraband from the applicant but no contraband has been recovered from the possession of the applicant, therefore, in these circumstances, this Court is inclined to release the applicant on bail.

Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant stands allowed.

I t is directed that the applicant-Digambar Rathore shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.

Certified copy as per rules.