Prabhulal Rathore vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant/accused, relating to FIR/Crime No.510/2023 dated (not mentioned) registered at Police Station Alot, District Ratlam (M.P.) for commission of offence punishable under Sections 8/15 and 8/18 of the NDPS Act.

Prosecution story in brief is that on 30.07.2023, co-accused Gopal Singh and Kishor Patidar were found transporting 60.600 kgs of Poppy Straw and 550 grms of Opium in a Swift Dzire car bearing registration No.MP09-WB-1601, without having any license or authority. During investigation, applicant was implicated in the case.

Learned counsel for the applicant submits that the applicant/accused has not committed the offence and he has falsely been implicated in the case only on the basis of memorandum statement of co-accused person Devilal. No contraband was seized from the possession of present applicant. There is no legal evidence against him. He is a reputed person. Police is trying to arrest him and if the police arrests him, his reputation will be spoiled therefore, it is prayed that the applicant be granted anticipatory bail.

On the other hand, learned counsel for the State has opposed the prayer and prayed for its rejection.

Having considered the rival submissions and also looking to the aforesaid facts and circumstances of the case, this Court is of the view that applicant deserves to the enlarged on anticipatory bail hence, without commenting on the merits of the case, the application is allowed.

It is directed that in the event of arrest, applicant - Prabhulal Rathore shall be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One lac only) alongwith one solvent surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

M.Cr.C. stands disposed of, accordingly. Certified copy, as per Rules.