Paramjeet S/O Omprakash Mehra And Others vs State Of M.P

Vivek Rusia, J

MCRC No.33312/21:

This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.175/21 registered at police station Shamgarh, district

Mandsaur for the offence u/s 8/15 & 29 of the NDPS Act.

MCRC No.28546/21:

This is first application filed under section 438 Cr.P.C seeking anticipatory bail as the applicant apprehends his arrest in connection with Crime

No.175/2021 registered at police station Shamgarh, district Mandsaur for the offence u/s 8/15 & 29 of the NDPS Act.

As per prosecution case on 04.04.2021 on a secret information police apprehended the applicant Paramjeet and recovered from his possession 19 kg.

poppy straw. During interrogation he has disclosed the name of applicant Kalusingh.

Learned counsel for the applicant Paramjeet submits that applicant has been falsely implicated in this case. The quantity of contraband recovered

from the applicant is non commercial quantity. The investigation is complete and charge sheet has been filed. The applicant has no criminal

antecedents. He is in custody since 04.04.2021. The conclusion of trial will take long time, hence prays for release of the applicant on bail during trial.

Learned counsel for the applicant Kalusingh submits that the applicant has been falsely implicated on the basis of the memorandum statement of main

accused Paramjeet recorded under section 27 of the Evidence Act which is not admissible in evidence. There is no recovery from his possession. He

has no criminal antecedents. The contraband is non commercial quantity. If the applicant is arrested he will loose his reputation in the society, hence

prays for the benefit of anticipatory bail in the matter.

Learned Panel Advocate opposes the bail applications.

Heard learned counsel for the parties and perused the case diary.

MCRC No.33312/21

Taking into consideration the quantity of contraband alleged to have been recovered from the applicant coupled with the fact that he is in custody

since 04.04.2021 and there is no criminal antecedents against him, without commenting on the merit of the case, the application is allowed and the

applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.75,000/-(Rupees Seventy Five Thousand) with one

surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf

by the trial Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID

-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

MCRC No.28546/21:

Considering the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties, without commenting on the

merit of the case, the application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, he

shall be released on bail upon his furnishing personal bond in the sum of Rs.75,000/-- (Rupees Seventy Five Thousand) with one surety in the like

amount to the satisfaction of the arresting officer. This order shall be governed by the following conditions:

(a) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required;

(b) he shall not directly or indirectly make any inducment, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the Court or to any police officer;

(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail

shall be liable to be cancelled; and

(d) he shall not leave the territory of India without the prior permission of the Court.

C.c as per rules.