Madhya Pradesh High Court
Aruni Sahgal vs The State Of Madhya Pradesh on 15 September, 2020
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 MCRC-30477-2020
The High Court Of Madhya Pradesh
MCRC-30477-2020
(ARUNI SAHGAL Vs THE STATE OF MADHYA PRADESH)
MCRC-30477-2020
(ARUNI SAHGAL Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 15-09-2020
Heard through Video Conferencing.
Shri Prakash Kumar Gupta, learned counsel for the applicant- Aruni
Sajgal.
Shri Akhil Singh, learned counsel for the applicant-Dheerendra Dwivedi
@ Dheeru.
Shri G.S.Thakur, learned Panel Lawyer for the respondent/State.
This is first bail application under Section 439 of Cr.P.C. for grant of bail to the applicant. Applicants have been arrested in connection with Crime No.203/2020 registered at Police Station Sohagi, District Rewa (M.P.) for commission of offence punishable under Sections 8, 21, 22, 25 of NDPS Act and Section 5/13 of Drug Control Act against the applicants namely-Aruni Sahgal and Dheerendra Dwivedi @ Dheeru.
As per prosecution story, on 6.8.2020, the applicant Dheerendra was working at toll plaza, where one Rahul and Rammilan came there and borrowed his motor cycle. Later on, these two persons gave memorandum, on the basis of which Aruni Sahgal and Dheerendra Dwivedi @ Dheeru was arrested. As per memorandum, motor cycle of Dheerendra Dwivedi @ Dheeru was used in the crime and Aruni Shagel, who is said to have provided the bottle containing narcotic substance which was seized from co-accued persons. Both the applicants were made accused on the basis of memorandum. There is no other incriminating material which is found against the applicants.
Counsel appearing for the State Government opposes the application for grant of bail.
Signature SAN Not Verified Digitally signed by SMT SARSWATI MEHRA Date: 2020.09.15 16:52:56 IST 2 MCRC-30477-2020
Heard the counsel for the parties. Only memorandum of co-accused is available against accused persons.
Considering the facts and circumstances of the case, bail applications filed by the applicants Aruni Sahgal and Dheerendra Dwivedi @ Dheeru are allowed. It is directed that on furnishing a personal bond and security of Rs.50,000/- (Rupees Fifty Thousand) each by the applicants along with one solvent surety in the like amount to the satisfaction of trial Court concerned, the applicants- Aruni Sahgal and Dheerendra Dwivedi @ Dheeru be released on bail.
The applicants shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:
(a) that such persons shall attend in accordance with the conditions of the bond executed under this Chapter;
(b ) that such persons shall not commit any offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected and;
( c ) that such persons shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C.C. as per rules.
(VISHAL DHAGAT)
JUDGE
sm
Signature
SAN Not
Verified
Digitally signed by
SMT SARSWATI
MEHRA
Date: 2020.09.15
16:52:56 IST