Mangilal vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the applicant's first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.327/2019 registered at Police Station Sitamau, District-Mandsaur (MP) for offence punishable under Sections 8/15, 25,29 of the NDPS Act. The applicant is in custody since 31.03.2023.

The allegation against the applicant is that he was also involved in the aforesaid case wherein 90 kg of poppy straw has been seized from the possession of co-accused Dilip.

Counsel for the applicant has submitted that the applicant has been implicated in the case on the basis of the memo prepared under Section 27 of the Evidence Act of co-accused Dilip in which, he has stated that the applicant was piloting of his vehicle and the co-accused Dilip has already been granted bail by this Court in M.Cr.C.No.11563/2023 dated 5.4.2023. It is further submitted that no other material available on record to connect the applicant with the offence. It is also submitted that the applicant is lodged in jail since 31.03.2022 and final conclusion of the trial is likely to take long time. Thus, it is submitted that the application be allowed.

Counsel for the State, on the other hand, has opposed the prayer and it is submitted that three more cases have been registered against the applicant. However, it is not denied that apart from the memo prepared under Section 27 of the Evidence Act no other material available on record to connect the applicant with the offence.

In rebuttal, counsel for the applicant has submitted that two cases have been registered against the applicant for offence under Section 302, 307, 451, 506 etc of the IPC however, in the third case registered against the applicant under the NDPS Act he has already been granted bail by this Court in M.Cr.C. No.61976/2021 on the ground that he was arraigned only on the basis of memo prepared under Section 27 of the Evidence Act.

On due consideration of submissions, perusal of the case diary, taking note of the fact that no contraband has been seized from the applicant and only the allegation is that he was piloting of the vehicle, from which, the contraband has been seized as also considering the fact that no material is available on record to connect the applicant with the offence, this Court is inclined to allow the present bail application. Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed.

T h e applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac. only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she 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.

However, looking to the criminal antecedents of the applicant, it is also directed that the applicant shall mark his presence before the concerned police station on every month of last Sunday between 12.00(noon) to 4.00 p.m.

The Misc. Criminal Case stands allowed.

Certified copy, as per rules.