Prahlad Lodhi vs State Of Madhya Pradesh

Mohd. Fahim Anwar, J

This is first bail application under Section 439 of Cr.P.C in connection with Crime No.817/2020 registered at Police Station Kotwali District

Narsinghpur for the offence under Section 379 of IPC and Section 4/21 of Mines and Minerals Act.

As per the prosecution story, on 15.12.2020 on the information of the informer, Hyva Truck bearing registration No. MP49H0724 was intercepted,

which was in the ownership of the applicant and it was found that illegal sand was being transported by the said truck. No T.P. was found in

possession of the applicant, hence the above mentioned crime was registered against the applicant and other co-accused persons and also the said

truck was seized.

Learned counsel for the applicant has submitted that the applicant is an innocent person and he has falsely been implicated in the present offence. On

the false report of the complainant, the case has been registered against the applicant. It is also submitted that the applicant has no criminal

antecedents and he is ready to furnish bail as per the order and shall abide by all conditions as may be imposed by the Court. He further submits that

the applicant is in jail since 23.12.2020 and the trial will take time for its final disposal. On these grounds, learned counsel for the applicant prays for

grant of bail to the applicant.

Per-contra, learned counsel for the respondent-State opposes the bail application.

Considering the facts and circumstances of the case and the nature of offence and also the fact that the applicant is in judicial custody since

23.12.2020 and the trial will take time to conclude, I am of the considered view that it is a fit case to release the applicant on bail. Therefore, without

commenting on the merits of the case, application of the present applicant seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant be released on bail on his furnishing a bail bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one surety of the

same amount to the satisfaction of the committal/trial Court to appear before the court on the dates given by the concerned Court. It is directed that

applicant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by

the Government of India with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C.C. as per rules.