Prahlad Singh vs State Of Madhya Pradesh

Dwarka Dhish Bansal, J

Heard.

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime No. 913/2022 registered at Police Station - Kotwali, District Guna for the offence punishable under Section 8/20 of the N.D.P.S. Act. The applicant is in jail since 11.03.2023.

A s per prosecution story, on a secrete information received from an informant the concerned Police Station intercepted a truck bearing No.RJ-09- GC7772 and seized 750 Kg of Ganja from the truck. The truck was being driven by co-accused Badrinath. As per prosecution story, co-accused Badrinath informed the police that it was the present applicant who asked him to bring Ganja.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. The contraband has not been seized from the possession of the present applicant. Neither he is owner of the truck nor driver. It is further submitted that the applicant was made an accused on the memorandum of co-accused. He is having no criminal record. The applicant is in custody since 11.03.2023. Learned counsel for the applicant has invited attention of this Court that co-accused Ramchandra Shothiya has already been granted the benefit of bail vide order dated 12.5.2023 passed in M.Cr.C. No.20295/2023 by the Co-ordinate Bench of this Court. After conclusion of investigation, charge Sheet has been filed and therefore, further custodial interrogation of the applicant may not be required. The applicant is permanent resident of District Agar. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

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

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the overall facts and circumstances of the case as well as parity of co-accused person, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 2,00,000/-(Rupees Two Lakhs only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.