Madhya Pradesh High Court
Bhimsingh @ Guddiya vs The State Of Madhya Pradesh on 10 July, 2017
M.Cr.C. No.5362/2017
10.07.2017
Shri Ajay Bagadiya, learned counsel for the the applicant -
Bhimsingh @ Guddiya S/o Gomaji.
Shri Ravi Verma, learned Panel Lawyer for the non-
applicant - State.
Heard. Perused the case diary.
This second repeat application under Section 439 of the
Cr.P.C. for grant of bail filed by the applicant - Bhimsingh @
Guddiya S/o Gomaji, who has been implicated in Crime
No.260/2011 registered at Police Station Jawad, District
Neemuch for the offence punishable under Sections 8/15 and 29
of the NDPS Act.
His first bail application was dismissed on merit vide order
dated 22.06.2016 passed in M.Cr.C. No.5125/2016.
According to the prosecution case, on 11.09.2011 on
receipt of information that some poppy straw is being transported
illegally in a truck bearing registration No.RJ 19 G 5687, then
sub Inspector Narendra Singh along with other police officials
stopped the aforesaid truck then during search 37 Quintals and
21 Kgs. of Poppy straw has been seized. Driver of the truck was
arrested from the spot. During investigation, it was disclosed that
the aforesaid poppy straw was got loaded by the present
applicant.
As per the seizure memo, 37 Quintals and 21 Kgs. of
poppy straw has been seized from the truck bearing registration
No. RJ 19 G 5687 in pursuance on the memorandum of the co-
accused Shravan Kumar.
Learned counsel for the applicant has submitted that on the
basis of memorandum of co-accused Shravan, present applicant
has been implicated in the alleged offence whereas, if we
consider the memorandum of the co-accused, then the only
allegation against the applicant is that he loaded the truck bearing
registration No.RJ 19 G 5687. He has further submitted that it is
not the case of the prosecution that the present applicant was
owner of the contraband and he provided the contraband to the
main accused. He also submitted that applicant is in custody
since 10.02.2016 and in S. T. No.28/2012, he has been acquitted
by the Special Judge. He lastly submits that there is legal
evidence available against the applicant and prays for grant of
bail.
On the other hand, learned Panel Lawyer opposed the
prayer and prays for its rejection.
On 30.06.2017, this Court directed the Investigating
Officer to file a detailed affidavit but till today, no affidavit has
been filed. The application for grant of bail is pending since
15.05.2017.
On due consideration of the material evidence available in
the case diary and the nature of allegation made against the
applicant so also the legal evidence available, without expressing
any opinion on the merits of the case, I allow this bail application
and it is directed that the applicant - Bhimsingh @ Guddiya
shall be released on bail subject to his furnishing a personal bond
in the sum of Rs.2,00,000/- (Rupees Two lacs only) with two
local sureties in the like amount to the satisfaction of the
concerned JMFC/CJM for his regular appearance before him or
trial Court on all dates of hearing as may be fixed in this behalf
by the Court concerned during trial. It is also directed that the
applicant shall abide by all the conditions enumerated under
Section 437(3) of the Cr.P.C.
This order will remain operative subject to compliance of
the following conditions :-
1.The applicant shall mark his presence in the concerned police station on every first Monday of the month between 10.00 AM to 12.00 Noon during pendency of the trial.
2. The applicant will comply with all the terms and conditions of the bond executed by him.
3. The applicant will cooperate in the investigation/trial, as the case may be;
4. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
5. The applicant shall not commit an offence similar to the offence of which he is accused.
6. The applicant will not seek unnecessary adjournments during the trial.
A copy of this order be sent to the Court concerned for compliance.
M.Cr.C. No.5362/2017 is allowed and stands disposed of. Certified copy as per rules.
(P. K. Jaiswal) Judge gp