Nandlal vs State Of Madhya Pradesh

This is repeat (second) application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 420/2019 registered at Police Station-

Garoth, District-Mandsaur for commission of the offencs under Sections 8/15 and 29 of the NDPS Act, 1985.

Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. It is also

submitted that neither any contraband article has been recovered from the possession of the applicant nor he was present on the spot at the time of

alleged incident. The applicant has been implicated in the present crime only on the basis of disclosure statement of co-accused-Ankit recorded under

Section 27 of the Indian Evidence Act, which is not a legal evidence. It is alleged that there is mobile conversation took place between the applicant

and co-accused-Ashok, however, no call details has been filed by the prosecution in this regard. Hence, there is no iota of evidence to connect the

applicant with the alleged offence. Earlier bail application of the applicant was dismissed as withdrawn by this Court, vide order dated 26/02/2020

passed in M.Cr.C. No. 7060/2020 because the applicant was having criminal records, however, the applicant has already been acquitted for the

aforesaid offences vide judgment dated 20/12/2019 and 24/11/2018 passed by Special Judge (NDPS Act), Garoth, District-Mandsaur in Special S.T.

Nos. 05/2012 and 99/2009 respectively. The applicant is in custody since 06/10/2019. Investigation is over and charge-sheet has been filed. Conclusion

of trial will take considerable time. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

On the other hand, Learned Panel Lawyer has opposed the application and prayed 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 applicants are directed to be released on bail on his furnishing a personal bond

in the sum of Rs.2,00,000/-(Rupees Two Lacs Only) with one solvent surety of 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) Cr.P.C.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.