Balaram vs The State Of Madhya Pradesh on 7 June, 2021

[Cites 3, Cited by 38]

Madhya Pradesh High Court

Balaram vs The State Of Madhya Pradesh on 7 June, 2021

T his is the first bail application under Section 438 Cr.P.C. The applicant apprehends arrest in connection with Crime No. 134/2021 registered at P.S.Sitamau, District- Mandsaur for the offence punishable under Section 8/20 NDPS Act.

A s per prosecution story, co-accused Jagdish was found carrying ganja weighing 1 kg 500 gm from the spot. Accordingly, he was arrested. During investigation, he disclosed the name of present applicant as the person who has procured the aforesaid contraband. Under such circumstances, applicant apprehends arrest.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the offence. He submits that co-accused Jagdish has been enlarged on bail by order dated 07.05.2021 passed in M.Cr.C. No. 19194/2021. Applicant shall abide by all such terms and conditions as this Court deems fit and proper. Under such circumstances, applicant may be granted anticipatory bail.

Per contra, learned Panel Lawyer opposes the bail application supporting the order impugned with the submission that there are no criminal antecedents against the applicant. However, his complicity cannot be ruled out as there is a specific disclosure of his name by the co-accused Jagdish. Moreover, it shall be the matter of further investigation regarding complicity of the applicant. Hence, applicant does not deserve to be enlarged on anticipatory bail.

At this stage, Shri Vivek Singh submits that if the Panel Lawyer makes Signature Not Verified SAN a statement that there are no criminal antecedents of the applicant, mere Digitally signed by SEHAR HASEEN Date: 2021.06.08 10:30:00 IST 2 MCRC-25327-2021 statement of Jagdish cannot be conclusive to implicate the applicant. He further submits on instructions that applicant has done introspection and volunteers to deposit an amount of Rs.1,00,000/- (Rupees One lakh only) in the office of Zila Balsanrakshan Samiti, Mandsaur (Bank of India Account No.912910210000074, IFSC Code BKID0009129) to be utilized for providing clothing, food and other essential amenities required for the old age people living in old age homes, vidhwas living in vidhwa ashrams and orphans living in orphanages including sufferers of Covid-19 pandemic in the district under the surveillance of Collector Distt. Mandsaur. The aforesaid deposit of amount shall not influence the pending trial but is only, for enlargement of the applicant on bail.

This Court appreciates the gesture shown by learned counsel for the applicant.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, in the obtaining facts and circumstances of the case, case is made out for grant of anticipatory bail to the applicant.

Accordingly, the instant application is allowed and it is directed that in the event of arrest, present applicant be released on bail on his furnishing personal bond in the sum of Rs.3,00,000/- (Rupees three lakhs only) with one solvent surety in like amount to the satisfaction of the Arresting Authority (Investigation Officer) with following further conditions :-

(i) the applicant shall prepare a demand draft for Rs.1,00,000/-

(Rupees one lakh only) of any Nationalized Bank in favour of Zila Balsanrakshan Samiti, Mandsaur [Bank of India Account No.912910210000074, IFSC Code BKID0009129] for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams or orphans living in orphanage in the city of Mandsaur in dire need of such amenities/facilities and the amount so deposited shall have Signature Not Verified SAN no bearing or relevance on the pending trial to the prejudice of the applicant.

Digitally signed by SEHAR HASEEN Date: 2021.06.08 10:30:00 IST

3 MCRC-25327-2021

(ii) (a) the applicant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.

(ii) (b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.

(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.

(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Mandsaur is also directed to maintain a separate account (for production of the record as and when directed for).

(iv) the applicant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00 noon till conclusion of trial.

(v) the applicant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(vi) the applicant shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.;

(vii) violation of any of the conditions, State is free to apply for cancellation of bail.

(viii) in future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.

Signature Not Verified SAN

Observations made on facts touching merits of the case are only Digitally signed by SEHAR HASEEN Date: 2021.06.08 10:30:00 IST 4 MCRC-25327-2021 for the purpose of deciding the bail application and shall not have any bearing on the pending trial.

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

Certified copy as per rules (ROHIT ARYA) JUDGE sh Signature Not Verified SAN Digitally signed by SEHAR HASEEN Date: 2021.06.08 10:30:00 IST

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Madhya Pradesh High Court