Iqbal vs State Of Madhya Pradesh

Pranay Verma, J

This is first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No.74/2022 registered at Police Station Piploda, District Ratlam (MP) for offence punishable under Sections 8/18, 29 of the NDPS Act.

2 . As per the prosecution, on 11.04.2022 on receipt of a secret information the Police recovered 400 grams of opium from the possession of co-accused Vikaram @ Viklal and Rooplal which was being transported by them on a motorcycle bearing registration No.RJ-35-AK-7740. On recording of their memorandum under Section 27 of the Evidence Act to the effect that they had procured the contraband from the present applicant, he has been implicated in the present offence.

3 . Learned counsel for the applicant submits that besides the memorandum of co-accused recorded under Section 27 of the Evidence Act and the call details between the applicant and the co-accused, there is no other material available to connect the applicant with the present case. The applicant is not having any criminal antecedents. On such grounds prayer for grant of benefit of anticipatory bail to applicant has been made.

The aforesaid prayer has been opposed by learned Govt. Advocate for the respondent/State submitting that in view of the allegations levelled against applicant and the material collected by the prosecution against him he is not entitled for grant of anticipatory bail.

Having considered the rival submissions of the learned counsel for the parties and the material collected by the prosecution and the fact that except memorandum of co-accused recorded under Section 27 of the Evidence Act and the call record between them and the applicant nothing is on record of connect the applicant with the present offence, 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.1,00,000/- (Rupees One Lakh only) with two solvent sureties of Rs.50,000/- each out of which one shall be local 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 Code of Criminal Procedure, 1973.

Accordingly, Miscellaneous Criminal Case No.34949 of 2022 stands allowed.

Certified copy as per rules.