Kishnaram vs State Of Madhya Pradesh

This first application under Section 439 of Criminal Procedure Code, 1973 for grant of bail has been filed by the applicant, who is implicated in connection with Crime No.341/2019 registered at Police Station Pipliyamandi, District Mandsaur (MP) for offence punishable under Section 8 read with Sections 15 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

The applicant is in custody since 07.11.2019.

As per prosecution story, upon a secret information, Police seized 245 kilograms of contraband substance (poppy straw) from the possession of co-accused Ummeda Ram s/o Hari Ram; and allegation against the applicant is that he had supplied the alleged contraband article to co-accused Ummeda Ram. Hence, the present case has been registered against the applicant.

Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. The applicant is not having any past criminal antecedents. No contraband article has been recovered from the possession of the applicant; and he is not the registered owner of the vehicle in which the seized contraband article was being transported. The applicant has been implicated in the present crime only on the basis of disclosure statement of co-accused Ummeda Ram recorded under Section 27 of the Indian Evidence Act, 1872, which is not a legal evidence. No legal evidence is available on record to connect the applicant with the present crime. The applicant is in custody since 07.11.2019. The applicant is not required for further interrogation. The conclusion of the trial will take sufficiently long time. There is no possibility of his / her absconsion or tampering with the evidence, if enlarged on bail. Under these circumstance, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the bail application and prays for its rejection.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in 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) Criminal Procedure Code, 1973.

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