Mannu Kha vs State Of Madhya Pradesh

Pranay Verma, J

They are heard. Perused the case diary /challan papers.

This is the first application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No.248/2022, registered at Police Station Badawada, District Ratlam for offence punishable under Section 8/15 and 29 of the NDPS Act.

As per the prosecution, on 24.8.2022, on receipt of a secret information police reached Jaora Ujjain two lane highway near Shiv Mandir and stopped a bolero pick-up vehicle bearing registration No. G.J. 04 AW 0091 and recovered 32 Kgs contraband poppy straw from the possession of co-accused Ali Khan and Dilip. On recording of their memorandum and that of co-accused Motilal under Section 27 of the Evidence Act to the effect that they had been supplied the contraband by the present applicant, he has been implicated and arrested for the present offence.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case. His implication is solely on the basis of memorandum of co-accused Ali Khan, Dilip and Motilal recorded under Section 27 of the Evidence Act. No recovery has been made from the applicant and there is no evidence to connect him directly with the present offence. The applicant is not having any criminal antecedents. Investigation has been completed and charge sheet has been filed hence further custodial interrogation of the applicant is no longer required. On such grounds, prayer for grant of bail to the applicant has been made.

The aforesaid prayer has been opposed by the learned counsel for the State submitting that in view of the allegations levelled against the applicant and the fact that considerable amount has been transferred by the co-accused Ali Khan and Dilip to the present applicant, he is not entitled to be released on bail.

I have heard the learned counsel for the parties and have perused the case diary.

The implication of the applicant appears to be primarily on the basis of memorandum of co-accused recorded under Section 27 of the Evidence Act. No recovery has been made from the applicant and there does not appear to be any material to connect him directly with the present crime. Applicant is not shown to be having any criminal antecedents. Investigation has been completed and charge sheet has been filed hence further custodial interrogation of the applicant, who is in custody since 25.8.2022, is no longer required. Thus in my opinion, the applicant deserves to be enlarged on bail.

Accordingly, the bail application is allowed. The applicant is directed to be enlarged on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties of Rs.50,000/-each out of which one shall be local surety of the like amount to the satisfaction of the trial Court for his appearance as and when directed.

It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

Certified copy as per rules.