Madhya Pradesh High Court
Sachin @ Sattu vs The State Of Madhya Pradesh on 12 July, 2018
1 MCRC-20332-2018
The High Court Of Madhya Pradesh
MCRC-20332-2018
(SACHIN @ SATTU Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 12-07-2018
Shri M.K. Soni, counsel for the petitioner.
Shri Vivek Mishra, Government Advocate for the respondent/State.
Heard on this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioner Sachin @ Sattu in Crime No.312/2018, registered by P.S. Motinagar, District-Sagar (M.P.) under Section 8/21 of the NDPS Act.
As per the prosecution case, at about 10:30 p.m. on 06.05.2018, on an information received from an informant, the police force of Motinagar, District- Sagar (M.P.) intercepted petitioner Sachin @ Sattu and co-accused persons Rajendra Thakur and Sandeep Tiwari on a motorcycle. Nine grams of brown sugar was duly seized from the possession of co-accused Sandeep Tiwari.
Learned counsel for petitioner Sachin @ Sattu submits that even as per the allegation made in the first information report, petitioner Sachin @ Sattu was only a pillion rider on the motorcycle. No contraband was seized from his possession. He was implicated solely because co-accused Sandeep Tiwari was found in possession of the intermediate quantity of brown sugar. There is no presumption in law that under such circumstances, the petitioner would be aware that co-accused Sandeep Tiwari would have such contraband in his possession. The petitioner has been in custody since 16.05.2018 and charge- sheet in the matter has been filed; therefore, it has been prayed that the petitioner be released on bail.
Learned Government Advocate for the respondent/State on the other hand has opposed the application.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by learned counsel for the petitioner; in the opinion of this Court the petitioner deserves to be released on bail.
Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioner Sachin @ Sattu is allowed.
It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 60,000/- with a local solvent surety in the same amount for his appearance before the trial Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.
Certified copy as per rules.
(C V SIRPURKAR) 2 MCRC-20332-2018 JUDGE Sha SHALINI SINGH LANDGE 2018.07.12 05:15:39
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