Vajeram vs State of Madhya Pradesh

Heard finally.

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.

The applicant is in custody since 04/05/2018 in connection with Crime No.168/2015 registered at P.S. Seetamau, District Mandsaur for the offence

punishable under Sections 8/15, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

Case of the prosecution is that police â€" Seetamau, on the basis of secret information, recovered 186.270 kgs, of poppy-husk from co-accused

Paramanand and he was arrested. On the basis of memorandum of Paramanand, recorded under Section 27 of the Indian Evidence Act, wherein he

deposed that the aforesaid poppy-husk was brought by him from the applicant and co-accused persons Babu and Shivdas, the present applicant has

been made accused.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is further submitted that apart from the

aforesaid memo recorded under Section 27 of the Evidence Act, there is nothing on record to connect the applicant with the present crime as no

further recovery has been made from the applicant pursuant to aforesaid memo. There are no criminal antecedents against the applicant, the applicant

is in custody since 04/05/2018 and the trial would take considerable time to conclude, therefore, he be released on bail.

On the other hand, learned counsel for the State has opposed the application submitting that the date of incident is 03/05/2018 and the memorandum of

co-accused under Section 27 of the Indian Evidence Act, has been recorded on 04/05/2015, and since then the applicant is evading the arrest and has

been arrested only on 04/05/2018, hence no sufficient ground is made out for releasing the applicant on bail.

On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the

considered view that it is fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is

allowed and it is directed that applicant-Vajeram shall be released on bail on his furnishing a personal bond in a sum of Rs.2,00,000/-(Rupees Two

lakhs only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on

all the dates of hearing fixed in this regard during trial.

It is further directed that the applicant shall attend on each date of hearing of his trial before the concerned Court out of which this bail arises. In

addition, he shall also mark his presence in the concerned police station on first Sunday of every month between 10 a.m. to 12 noon during the

pendency of the trial. Any default in attendance in Court and marking his presence in the concerned police station, would result in cancellation of bail

granted by this Court thereby entitling the police to take the applicant in custody immediately.

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

The trial Court is directed to dispose of the case expeditiously.

Certified copy as per Rules