Vishesh Purohit vs State Of Madhya Pradesh

The applicant has filed this second bail application u/S.439, Cr.P.C. for grant of bail after rejection of the first bail application which was dismissed as withdrawn by this Court with liberty to repeat the prayer for bail after filing of the charge sheet vide order dated 13.09.2019 passed in M.Cr.C.No.37945/2019.

The applicant has been arrested by Police Station Mungawali, District Ashoknagar in connection with Crime No.448/2019 registered in relation to the offence punishable u/S.8/15 of NDPS Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. Now charge-sheet has been filed. The applicant is in custody since 29.08.2019. Only 1 Kg 500 gram Doda Chura has been seized from the applicant as per prosecution story. There is no possibility of his absconding or tampering with the prosecution case. Under these circumstances, counsel for the applicant prays for grant of bail.

Learned Panel Lawyer for the State opposed the prayer on the ground that there are seven criminal antecedents against the applicant. Hence, she prayed for dismissal of the application.

Heard learned counsel for the parties and perused the case diary. Considering the submissions advanced by the counsel for the rival parties and on perusal of the case diary, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application.

It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties each of Rs.50,000/- in the like amount to the satisfaction of the Trial Court.

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

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

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

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

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

The applicant shall not commit an offence similar to the offence of which they are accused;

The applicant shall mark his presence before the concerning trial Court once every fortnight.

A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Panel Lawyer with a direction to keep the same in the concerned case diary.

C.c.today.