Hemant @ Hanumant Rawat vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed this Third bail application under section 439 of the Cr.P.C. for grant of bail. First bail application of the applicant was dismissed as withdrawn vide order dated 05/11/2019 passed in M.Cr.C. No. 45456/2019 and the second bail application was also dismissed as withdrawn vide order dated 27/11/2019 passed in M.Cr.C. No. 49206/2019 with liberty to revive the prayer for bail after suffering two months further incarceration.

The applicant has been arrested by Police Station Pohri, District Shivpuri (M.P.) in connection with Crime No.211/2019 registered in relation to the offences punishable under sections 08/18, 29 of NDPS Act.

Prosecution story in nut shell is that police has recovered opium weighing 30 grams from the possession of the applicant and co-accused. On the basis of aforesaid, applicant has been implicated in the present case.

The applicant is a youth of 28 years of age and has been falsely implicated in the present case. It is submitted by the counsel for applicant that the police apprehended the applicant and co-accused and recovered 30 grams of opium from their possession which is slightly higher than the small quantity but less than commercial quantity. The applicant is in jail since 30/09/2019 without any substantial reason and early conclusion of trial is bleak possibility and the applicant cannot be kept in custody for an unlimited period. Under these grounds, applicant prays for grant of bail.

Per contra, application is opposed by the counsel for the State 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 bail is made out.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case , this application is allowed though on stringent conditions and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac only) with two local solvent sureties each of Rs. 50,000/- (Rs. Fifty Thousand Only) to the satisfaction of the concerned trial Court/ committal court for his appearance on the dates given by the concerned court.

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

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

The applicant will cooperate in the investigation/ tria, as the case may be;

The applicant 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;

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

The applicant will not seek unnecessary adjournments during the trial; and

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

The applicant shall appear and mark his presence before the trial/committal Court concerned once in every month till conclusion of the trial, failing which this bail order shall stand cancelled automatically without further reference to this Court .

A copy of this order be sent to the Court concerned for compliance.