Madhya Pradesh High Court
Jitendra Jaiswal @ Mama vs The State Of Madhya Pradesh on 24 April, 2019
1 MCRC-14842-2019
The High Court Of Madhya Pradesh
MCRC-14842-2019
(JITENDRA JAISWAL @ MAMA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 24-04-2019
Shri Vikas Mahawar, learned counsel for the applicant.
Shri S.K. Singh, learned Panel Lawyer for respondent- State.
Heard.Case diary perused.
This is the second application on behalf of the applicant under Section 439 of Cr.P.C. for grant of bail. The first application was dismissed as withdrawn vide order dated 26/03/2018 passed in M.Cr.C. No 11722/2018.
The applicant has been arrested on 11/10/2016 in connection with Crime No. 268/2015 registered by Police Station Bichiya, District Mandla for the offence punishable under Section 8/20 of the NDPS Act.
As per the prosecution case, the applicant alongwith other co-accused has been found in illegal possession of 85 kg contraband (Ganja) jointly.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. It is further submitted that applicant has been made accused in this case on the basis of memorandum of co-accused. The owner of the vehicle who was co-accused in this case in which the contraband was kept has already been enlarged on bail by this Court vide order dated 14/03/2016 passed in M.Cr.C. No. 4541/2016 (Raghvendra Singh @ Ravi Vs. State of M.P.). Charge-sheet has been filed and trial will take time to conclude. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Government Advocate opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application.
Looking to the facts and circumstances of the case alongwith the nature of allegation and evidence collected against the applicant, this application is allowed without commenting anything on the merits of the case.
Digitally signed by NAVEEN NAGDEVE Date: 25/04/2019 04:24:422 MCRC-14842-2019 It is ordered that the applicant/accused Jitendra Jaiswal @ Mama be released on bail on his furnishing a personal bond for the sum of Rs. 2,00,000/- (Rs. Two Lacs Only) with two solvent sureties in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
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 to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any offence during the period in which he be enlarged on bail;
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.
If any of the conditions imposed upon the applicant is breached by him, this bail order shall be cancelled automatically.
Certified Copy on payment of usual charges.
(AKHIL KUMAR SRIVASTAVA) JUDGE navin Digitally signed by NAVEEN NAGDEVE Date: 25/04/2019 04:24:42