Vasu @ Ramnivas vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 6.9.2023 in connection with Crime No.457/2023 registered at Police Station Station Road, District Morena for the offence punishable under Sections 379, 414 of IPC and Sections 18(1), 18(2) of M.P. Minerals (Prevention of Illegal Mining Transportation and Storage) Act, 2006.

Prosecution story, in brief is that on 6.9.2023 the applicant was found transporting illegally excavated sand in a tractor trolley and on being asked, he could not produce any valid document in that regard.

Learned counsel for the applicant submits that it is alleged that he was found to be carrying illegally excavated sand in a tractor trolley. He further submits that as per prosecution case itself applicant was driver of the vehicle. He has falsely been implicated in the matter. The applicant is in custody since 6.9.2023. The offences are triable by JMFC. His custodial interrogation is not required. Trial will take long time to conclude and, therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State vehemently opposed the prayer and submits that the applicant was arrested on the spot and he could not produce any valid document in regard to transportation of illegally excavated sand. The offence alleged against him is serious in nature, therefore, the applicant is not entitled for grant of bail.

Heard the learned counsel for both the parties.

Having considered the rival submissions, material pointed out by the learned counsel for the applicant and the fact that applicant is a driver and overall material produced on record, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of. Certified copy, as per Rules.