Prabhulal vs State Of Madhya Pradesh

Heard. Case diary perused.

This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No. 318/2019, registered at Police Station-Nahargarh, District-Mandsaur, for commission of the offence punishable under Sections 8/15 and 29 of the NDPS Act, 1985.

As per prosecution story, on 19/07/2019, on the basis of source information, police intercepted pick vehicle and one swift car and recovered 70 Kgs. and 80 Kgs. of Poppy straw respectively.

Learned counsel for the applicant submitted that the applicant is neither named in the FIR, nor he is the registered owner of the vehicle, in which alleged contraband article was being transported. The applicant is not having any criminal antecedents. The applicant has been implicated in the present crime only on the basis of disclosure statement of co-accused persons, namely Prabhulal, Jujhar and Dhanraj recorded under Section 27 of the Indian Evidence Act, which is not legally admissible. Thereafter, the applicant was apprehended by the police on the basis of aforesaid disclosure statement of co-accused persons and non-commercial quantity of 10 Kgs. poppy straw has been recovered from the field of one Dhannalal at the instance of the applicant. The applicant is in custody since 15/10/2019. 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.

Learned Public Prosecutor 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, 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 on his 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 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.