Pappu @ Rafique vs State Of Madhya Pradesh

They are heard. Perused the case diary.

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime No.470/2019 registered at Police Station Kasrawad, District Khargone (MP) for offence punishable under Section 8 read with Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

The applicant is in custody since 05.10.2019.

As per prosecution story, on the basis of secret information, 1.132 kilograms of cannabis (ganja) was recovered from the possession of co-accused Vishnu s/o Champalal Patidar; and upon his disclosure, the present applicant has been made as an accused in the case.

Learned counsel for the applicant has submitted that the applicant has not committed any offence; and he has falsely been implicated in the present crime.

Non commercial quantity (1.132 kilograms) of cannabis (xkatk) alleged to have been recovered from the possession of co-accused Vishnu s/o Champalal Patidar; and on the basis of his disclosure statement, the applicant has been implicated in the present case. Neither any contraband article has been recovered from the possession of the applicant nor any other material is available on record to connect him with the present crime. The disclosure statement of co-accused person recorded under Section 27 of the Indian Evidence Act, 1872 is not a legal evidence. The applicant is in custody since 05.10.2019. The investigation is over and charge sheet has already been filed before the trial Court. 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 circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, coupled with material available in the case diary, 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 / her furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety of the like amount to the satisfaction of 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. It is further directed that during the trial, the applicant shall mark his presence before the concerned police station one in a month.

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