Vinod vs State Of Madhya Pradesh

Shailendra Shukla, J

This is second application under Section 439 of Cr.P.C. for grant of bail. Applicant - Vinod S/o Khemraj Chorsa is implicated in Crime No.567/2019 registered at Police Station Manasa, District Neemuch for the offence punishable under Sections 8/15 and 25 of the NDPS Act.

His first bail application was disposed of vide order dated 24.05.2021. Learned counsel for the applicant has drawn attention of this Court towards the order dated 24.05.2021 whereby liberty had been granted to renew the prayer after a period of three months or arrest of co-accused Sardar Banjara, whichever is earlier. The applicant was the owner of the vehicle from which 60 kilograms of Poppy Straw was seized. The defense of the applicant was that he had already sold the vehicle to co-accused Vijay regarding which a sale agreement had been executed on 02.12.2019 whereas, the incident had occurred on 31.12.2019.

Learned Public Prosecutor for the State was also heard who has opposed the bail application.

A pertinent question was asked to the State as to whether Sardar Banjara has been arrested or not.

Learned Public Prosecutor for the State has not been able to give a reply.

Considered.

In view of the liberty so granted on 24.05.2021, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant Vinod shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One lac only) with one local solvent surety to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. It is made clear that after being so released, the applicant shall not commit any likewise offence in future.

A copy of this order be sent to the concerned Court for its compliance.

M.Cr.C. No.46339/2021 is allowed and stands disposed of.

Certified copy, as per rules.