Praveen vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the second application filed by the applicant under Section 439 Cr.P.C. for grant of bail during the trial. His earlier bail application

M.Cr.C.No.45716/2020 was dismissed as withdrawn by this Court vide order dated 4.12.2020.

The applicant is facing trial for offence punishable under Section 8/15 of the N.D.P.S. Act, registered at Police Station-Jawad, Distrcit-Neemuch in

Crime No.215/2020. The applicant is in jail since 27.6.2020.

Allegation against the applicant is that from his possession 26 kgs of poppy straw was seized and along with him other co-accused persons were

travelling on a different motorcycle, from their possession also 26 kgs of poppy straw and 400 grams of opium was seized.

Counsel for the applicant has submitted that the applicant is a student and he is pursuing engineering course from Udaipur, Rajasthan. It is further

submitted that there is no criminal antecedents against the applicant, so far as the commercial quantity of 52 kgs is concerned, it is also a disputed

question of fact and law, as from the possession of the applicant, admittedly 26 kgs of poppy straw has been recovered and from the possession of

other co-accused persons, who are on different motorcycle rest of the contraband has been recovered. The applicant is in jail since 27.6.2020. The

final conclusion of trial is likely to take sufficiently long time on account of Covid-19 pandemic. Counsel further submitted that under identical

circumstances, co-accused Ajaypalsingh has been granted bail by this Court in M.Cr.C.No.3110/2021 vide order dated 9.4.20201. The applicant is

ready to abide by all the condition as imposed by this Court. Hence, counsel prays for grant of bail to the applicant.

Learned Panel Lawyer for the respondent/State, on the other hand, has opposed the prayer. However, it is not denied that under identical

circumstances, the co-accused person has been granted bail by this Court and there are no other case registered against the applicant.

Having considered the rival submissions, on perusal of the case diary, I find no reason to dismiss the present bail application and deny the ground of

parity to the applicant, accordingly maintaining the parity, the application is allowed. Therefore, the applicant is directed to be released on bail on his

furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the

Trial Court for his appearance before the trial Court on the dates so fixed by that Court during trial.

It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stands

cancelled without further reference to this Court; and the State /prosecution will be free to arrest the accused in the present case also. It is also

directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.