Mohan @ Phakeera vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.625 of 2023 registered at Police Station Thatipur, District Gwalior (M.P.) for offence punishable under Section 8/20 of NDPS Act. The applicant is in judicial custody since 08-09-2023.

According to the prosecution case, Sub-Inspector Balram Manjhi Police Station Thatipur along with police force on 08-09-2023 around 06:00 pm while checking near the toilet behind crematorium on Marghat Road across the river situated at Thatipur, intercepted two persons who were carrying bags on their back. On seeking police, they started running away. Thereafter, police surrounded and caught both of them and on being asked, one person disclosed his name as Jagannath alias Jagga and another person disclosed his name as Mohan Singh alias Phakeera (applicant). Contraband ganja quantity 2.580 kilograms from the possession of Jagannath alias Jagga and 2.815 kilograms from the possession of applicant Mohan Singh were recovered. Relevant seizure was made in due compliance with the procedure. Statements of witnesses have been recorded. On such allegations, P.S.Thatipur registered FIR at Crime No.625/2023 for offence punishable under Section 8/20 of NDPS Act against applicant and co-accused Jagannath. Applicant and co-accused Jagannath alias Jagga were arrested on 08-09-2023. Investigation is almost complete.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in the matter. Applicant is permanent resident of District Gwalior. He is a labourer by profession. He is sole bread earner of the family. There is no likelihood of his absconding leaving behind his family and property. The investigation is almost complete, therefore, there is no likelihood of his interfering in the investigation or tampering with the evidence. Jail incarceration is causing financial hardship to the family of the applicant. The alleged offence is triable by Judicial Magistrate First Class. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.

Per contra, learned counsel for the State opposes the bail application and prays for it's rejection.

Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant MOHAN @ PHAKEERA shall be released on bail in connection with Crime No. 625 of 2023 registered at Police Station Thatipur, District Gwalior (M.P.) for an offence punishable under Section 8/20 of NDPS Act. upon furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

The applicant shall not commit or get involved in any offence of similar nature;

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference CC as per rules.