Madhya Pradesh High Court
Balmukund Gupta @ Anshu vs The State Of Madhya Pradesh on 22 November, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-54365-2021
The High Court Of Madhya Pradesh
MCRC No. 54365 of 2021
(BALMUKUND GUPTA @ ANSHU Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 22-11-2021
Shri Sandeep Kumar Jain, Advocate for the applicant.
Ms. Seema Jaiswal, P.L. for the respondent-State.
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.
The applicant is in custody since 12.06.2021 in connection with Crime No.268/2021 registered at Police Station-Amlai Distt.-Shahdol (M.P.) for the offence punishable under Sections 8/20-B, 29 of NDPS Act, 1985.
A s per prosecution case on dated 10.06.2021, police official of police Sation-Amlai received an information that co-accused Laxman Yadav was driving a truck bearing Registration No. CG-16-CK-0339 and co-accused Raju Yadav is helper of that truck. Contraband ganja are transporting from that truck. Thereafter, police official reached on the spot. Truck bearing registration No. CG-16-CK-0339 was stopped. Co- accused Laxman and Raju Yadav were present. Truck was searched. 3 quintal and 60 Kgs of ganja were seized. Thereafter, co-accused Laxman and Raju Yadav disclosed that present applicant-accused is involved in the business of transporting contraband ganja.
Learned counsel for the applicant-accused submits that the applicant has been falsely implicated in this case. Although, it is alleged by the prosecution that only one previous criminal antecedent under NDPS Act against the applicant-accused, but he is not convicted in such case. Applicant is made an accused in this matter on the memorandum of co-accused. Except the memorandum of co-accused, no other material is available on the record against the applicant-accused on which he can be involved in this matter. Other co-accused Sunil Kesharwani has been granted bail by this Court vide M.Cr.C. No.3596/2021 on dated 25.08.2021 and Banwari Lal Gupta @ Pintu has been released on bail by order dated 22.10.2021 passed in M.Cr.C.No.44506/2021. The case of applicant-accused is similar to that of co-accused who have released on bail. Applicant-accused is in custody since 12.06.2021. Charge-sheet has been filed. Conclusion of trial will take time. There is no probability of his absconding or tampering with the prosecution evidence. The Signature Not Verified SAN accused/applicant is ready to furnish bail as per the order, abiding with Digitally signed by ASHWANI PRAJAPATI Date: 2021.11.23 17:42:43 IST 2 MCRC-54365-2021 all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer for the respondent-State submits that applicant has criminal antecedent of one case of NDPS Act and it is a matter of commercial quantity, so considering the provisions under Section 37 of NDPS Act, applicant-accused is not entitled for grant of bail.
After hearing arguments of the parties and looking to the facts and circumstances of the case as also the facts that applicant is not previously convicted, so there is no probability to repeat the said offence by him, no contraband ganja was seized from the possession of the present applicant-accused, he is made an accused on the memorandum of co- accused, except the memorandum of co-accused, no other material is available on the record against him on which he can be involved in this matter, other co-accused Sunil Kesharwani has been granted bail by this Court vide M.Cr.C. No.3596/2021 on dated 25.08.2021 and Banwari Lal Gupta @ Pintu has been released on bail by order dated 22.10.2021 passed in M.Cr.C.No.44506/2021, applicant-accused is in custody since 12.06.2021, charge-sheet has been filed, conclusion of trial will take time, there is no probability of his absconding or tampering with the prosecution evidence, therefore, without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Balmukund Gupta @ Anshu be released on bail on his furnishing a personal bail bond in the sum of Rs.1,00,000/-(Rupees One Lakh Only) with two solvent sureties each of Rs.50,000/- in the like amount to the satisfaction of the concerned trial Court for his appearance before it on the dates given by the concerned Court. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
This order will remain operative subject to compliance of the following conditions by the applicant:
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as Signature Not Verified SAN to dissuade him from disclosing such facts to the Court or to the Police Digitally signed by ASHWANI PRAJAPATI Date: 2021.11.23 17:42:43 IST 3 MCRC-54365-2021 Officers;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply the rules and norms of social distancing.
Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority:-
1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.
2. The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the applicant is suffering from 'Corona Vi r u s disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE A.Praj.
Signature Not Verified SAN Digitally signed by ASHWANI PRAJAPATI Date: 2021.11.23 17:42:43 IST